Contracts
- Consumer Electronic Consent and Disclosure
- Privacy Policy
- Fair Credit Reporting Act Disclosure & Authorization
- GPS Disclosure
- Subscription Terms & Conditions
- Recurring Payment Authorization
- Insurance
- New Jersey Addendum
- North Carolina Addendum
- Florida Addendum
- Delaware Addendum
- Texas Addendum
- Wear and Tear Guidelines
- Website Terms of Use
Consumer Electronic Consent and Disclosure
Effective March 7, 2023
DownloadTable of Contents
IMPORTANT NOTICE - PLEASE READ CAREFULLY AND KEEP FOR FUTURE REFERENCE
What is the purpose of this Electronic Consent and Disclosure?
You are applying to become a subscriber with GO Subscription (“GO”) and have expressed your desire to conduct business electronically with regard to all aspects of your vehicle subscription application and any subsequent vehicle subscription (collectively, the "Subscription"). If you click the "Verify Me" button, you will be providing GO and its authorized designees and agents, with your consent:
(a) to have the information described in this Consumer Electronic Consent and Disclosure ("Consent") delivered to you electronically;
(b) to execute via electronic means the documents that are described in this Consent; and
(c) to all of the terms and conditions set forth below in this Consent.
If you do not want to have the information described in this Consent delivered to you electronically, if you do not want to execute via electronic means the documents that are described in this Consent, or if you do not agree with all of the terms and conditions of this Consent, you may not conduct business electronically with GO, and you must not click "Verify Me".
What does this Consent cover once I click "Verify Me"?
This Consent covers your agreement to all of the terms and conditions of this Consent, including your agreement to:
- Receive via electronic means the documents that GO is required by law to provide or make available to you in writing ("Required Documents"), as well as other information and documents (collectively, "Other Documents");
- Execute via electronic means Required Documents and Other Documents;
- Text you with any order updates to the mobile phone number provided above. Message and data rates may apply. You give GO permission to communicate with me via text messages for the purposes of communications and marketing. To opt out at any time reply STOP to stop text messaging; and
- Be bound with the same force and effect as if you had affixed your signature on paper by hand when you click "Verify Me" or otherwise apply your electronic signature to Required Documents or Other Documents.
Even though you have provided GO with this Consent, GO may, at its option: (a) deliver Required Documents and Other Documents to you on paper, and (b) require that certain communications from you be delivered to GO on paper.
How long will this Consent remain in effect?
This Consent shall become effective once you click the "Verify Me" button below and remains in effect for so long as your Subscription remains in effect, or until you withdraw your consent (as described in the next section), whichever occurs first.
What if I change my mind?
If at any time you would like to cease doing business electronically with GO with respect to your Subscription, you will need to provide GO with written notice of your withdrawal of your consent to do business electronically, which will then terminate this Consent. You may withdraw consent at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future). Your withdrawal of consent to do business electronically and the termination of this Consent will become effective two (2) business days after GO's receipt of your withdrawal. Thereafter, all Required Documents and Other Documents will be provided to you on paper.
What if my contact information changes?
You must keep GO informed of any changes to your e-mail address and all other contact information. You may inform GO of any such changes by contacting GO at the address provided below (or such other address as may be provided to you in the future).
How can I contact GO?
You can contact GO as follows:
Mail: GO
6526 South Kanner Highway
Suite 240
Stuart, FL 334997
Telephone: 267-715-1910
Internet: www.drivego.com
E-mail: go@drivego.com
Are there any hardware or software requirements to do business electronically with GO?
Yes. To make full use of the service provided by GO you must have access to an electronic device such as an Apple iPhone, Android Smartphone, or a tablet with a current subscription for voice, SMS and mobile data services. To access and retain the Required Documents and Other Documents sent or made available to you electronically by GO you must have access to a computer with an Internet connection. You must be able to send and receive e-mails and be able to save the Required Documents and Other Documents to a storage device for later reference or have the computer connected to a printer so you can print out such documents.
PLEASE PRINT OR SAVE A COPY OF THIS CONSENT NOW FOR FUTURE REFERENCE.
By clicking “Verify Me” you have carefully read this Consent and accept it voluntarily and with full knowledge and understanding of its terms and conditions. You also confirm that have read this Consent using computer hardware and software that meets the minimum hardware and software requirements described above. You have successfully printed or saved a copy of this Consent.
Effective September 23, 2022 to March 7, 2023
DownloadSummary of changes
Changed company from Frank Subscription to GO Subscription.
Table of Contents
IMPORTANT NOTICE - PLEASE READ CAREFULLY AND KEEP FOR FUTURE REFERENCE
What is the purpose of this Electronic Consent and Disclosure?
You are applying to become a subscriber with GO Subscription, LLC (“GO”) and have expressed your desire to conduct business electronically with regard to all aspects of your vehicle subscription application and any subsequent vehicle subscription (collectively, the "Subscription"). If you click the "Accept" button, you will be providing GO and its authorized designees and agents, with your consent:
(a) to have the information described in this Consumer Electronic Consent and Disclosure ("Consent") delivered to you electronically;
(b) to execute via electronic means the documents that are described in this Consent; and
(c) to all of the terms and conditions set forth below in this Consent.
If you do not want to have the information described in this Consent delivered to you electronically, if you do not want to execute via electronic means the documents that are described in this Consent, or if you do not agree with all of the terms and conditions of this Consent, you may not conduct business electronically with GO, and you must not click "Accept".
What does this Consent cover once I click "Accept"?
This Consent covers your agreement to all of the terms and conditions of this Consent, including your agreement to:
- receive via electronic means the documents that GO is required by law to provide or make available to you in writing ("Required Documents"), as well as other information and documents (collectively, "Other Documents");
- execute via electronic means Required Documents and Other Documents; and
- be bound with the same force and effect as if you had affixed your signature on paper by hand when you click "Accept" or otherwise apply your electronic signature to Required Documents or Other Documents.
Even though you have provided GO with this Consent, GO may, at its option: (a) deliver Required Documents and Other Documents to you on paper, and (b) require that certain communications from you be delivered to GO on paper.
May I obtain paper copies of the Required Documents and Other Documents?
Yes. You may obtain paper copies of any of the Required Documents or Other Documents at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future).
Should I maintain copies of the Required Documents and Other Documents?
Yes. You agree to print or save this Consent and all Required Documents and Other Documents, and to keep printed or electronic copies of them for your records. If you have any trouble with printing or saving, you should contact GO.
How long will this Consent remain in effect?
This Consent shall become effective once you click the "Accept" button below and remains in effect for so long as your Subscription remains in effect, or until you withdraw your consent (as described in the next section), whichever occurs first.
What if I change my mind?
If at any time you would like to cease doing business electronically with GO with respect to your Subscription, you will need to provide GO with written notice of your withdrawal of your consent to do business electronically, which will then terminate this Consent. You may withdraw consent at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future). Your withdrawal of consent to do business electronically and the termination of this Consent will become effective two (2) business days after GO's receipt of your withdrawal. Thereafter, all Required Documents and Other Documents will be provided to you on paper.
What if my contact information changes?
You must keep GO informed of any changes to your e-mail address and all other contact information. You may inform GO of any such changes by contacting GO at the address provided below (or such other address as may be provided to you in the future).
How can I contact GO?
You can contact GO as follows:
Mail:
GO
6526 South Kanner Highway
Suite 240
Stuart, FL 334997
Telephone: 267-715-1910
Internet: www.drivego.com
E-mail: go@drivego.com
Are there any hardware or software requirements to do business electronically with GO?
Yes. To make full use of the service provided by GO you must have access to an electronic device such as an Apple iPhone, Android Smartphone or a tablet with a current subscription for voice, SMS and mobile data services. To access and retain the Required Documents and Other Documents sent or made available to you electronically by GO you must have access to a computer with an Internet connection. You must be able to send and receive e-mails and be able to save the Required Documents and Other Documents to a storage device for later reference or have the computer connected to a printer so you can print out such documents.
PLEASE PRINT OR SAVE A COPY OF THIS CONSENT NOW FOR FUTURE REFERENCE.
I have carefully read this Consent and accept it voluntarily and with full knowledge and understanding of its terms and conditions. I have read this Consent using computer hardware and software that meets the minimum hardware and software requirements described above. I have successfully printed or saved a copy of this Consent.
This form was revised on July 19, 2022
Effective August 19, 2022 to September 23, 2022
DownloadTable of Contents
IMPORTANT NOTICE - PLEASE READ CAREFULLY AND KEEP FOR FUTURE REFERENCE
What is the purpose of this Electronic Consent and Disclosure?
You are applying to become a subscriber with Frank Subscription, LLC dba GO Subscription (“GO”) and have expressed your desire to conduct business electronically with regard to all aspects of your vehicle subscription application and any subsequent vehicle subscription (collectively, the "Subscription"). If you click the "Accept" button, you will be providing GO and its authorized designees and agents, with your consent:
(a) to have the information described in this Consumer Electronic Consent and Disclosure ("Consent") delivered to you electronically;
(b) to execute via electronic means the documents that are described in this Consent; and
(c) to all of the terms and conditions set forth below in this Consent.
If you do not want to have the information described in this Consent delivered to you electronically, if you do not want to execute via electronic means the documents that are described in this Consent, or if you do not agree with all of the terms and conditions of this Consent, you may not conduct business electronically with GO, and you must not click "Accept".
What does this Consent cover once I click "Accept"?
This Consent covers your agreement to all of the terms and conditions of this Consent, including your agreement to:
- receive via electronic means the documents that GO is required by law to provide or make available to you in writing ("Required Documents"), as well as other information and documents (collectively, "Other Documents");
- execute via electronic means Required Documents and Other Documents; and
- be bound with the same force and effect as if you had affixed your signature on paper by hand when you click "Accept" or otherwise apply your electronic signature to Required Documents or Other Documents.
Even though you have provided GO with this Consent, GO may, at its option: (a) deliver Required Documents and Other Documents to you on paper, and (b) require that certain communications from you be delivered to GO on paper.
May I obtain paper copies of the Required Documents and Other Documents?
Yes. You may obtain paper copies of any of the Required Documents or Other Documents at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future).
Should I maintain copies of the Required Documents and Other Documents?
Yes. You agree to print or save this Consent and all Required Documents and Other Documents, and to keep printed or electronic copies of them for your records. If you have any trouble with printing or saving, you should contact GO.
How long will this Consent remain in effect?
This Consent shall become effective once you click the "Accept" button below and remains in effect for so long as your Subscription remains in effect, or until you withdraw your consent (as described in the next section), whichever occurs first.
What if I change my mind?
If at any time you would like to cease doing business electronically with GO with respect to your Subscription, you will need to provide GO with written notice of your withdrawal of your consent to do business electronically, which will then terminate this Consent. You may withdraw consent at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future). Your withdrawal of consent to do business electronically and the termination of this Consent will become effective two (2) business days after GO's receipt of your withdrawal. Thereafter, all Required Documents and Other Documents will be provided to you on paper.
What if my contact information changes?
You must keep GO informed of any changes to your e-mail address and all other contact information. You may inform GO of any such changes by contacting GO at the address provided below (or such other address as may be provided to you in the future).
How can I contact GO?
You can contact GO as follows:
Mail:
GO
6526 South Kanner Highway
Suite 240
Stuart, FL 334997
Telephone: 267-715-1910
Internet: www.drivego.com
E-mail: go@drivego.com
Are there any hardware or software requirements to do business electronically with GO?
Yes. To make full use of the service provided by GO you must have access to an electronic device such as an Apple iPhone, Android Smartphone or a tablet with a current subscription for voice, SMS and mobile data services. To access and retain the Required Documents and Other Documents sent or made available to you electronically by GO you must have access to a computer with an Internet connection. You must be able to send and receive e-mails and be able to save the Required Documents and Other Documents to a storage device for later reference or have the computer connected to a printer so you can print out such documents.
PLEASE PRINT OR SAVE A COPY OF THIS CONSENT NOW FOR FUTURE REFERENCE.
I have carefully read this Consent and accept it voluntarily and with full knowledge and understanding of its terms and conditions. I have read this Consent using computer hardware and software that meets the minimum hardware and software requirements described above. I have successfully printed or saved a copy of this Consent.
This form was revised on July 19, 2022
Effective August 18, 2022 to August 19, 2022
DownloadTable of Contents
GO Subscription - Consumer Electronic Consent and Disclosure
IMPORTANT NOTICE - PLEASE READ CAREFULLY
AND KEEP FOR FUTURE REFERENCE
What is the purpose of this Electronic Consent and Disclosure?
You are applying to become a subscriber with Frank Subscription, LLC dba GO Subscription (“GO”) and have expressed your desire to conduct business electronically with regard to all aspects of your vehicle subscription application and any subsequent vehicle subscription (collectively, the "Subscription"). If you click the "Accept" button, you will be providing GO and its authorized designees and agents, with your consent:
(a) to have the information described in this Consumer Electronic Consent and Disclosure ("Consent") delivered to you electronically;
(b) to execute via electronic means the documents that are described in this Consent; and
(c) to all of the terms and conditions set forth below in this Consent.
If you do not want to have the information described in this Consent delivered to you electronically, if you do not want to execute via electronic means the documents that are described in this Consent, or if you do not agree with all of the terms and conditions of this Consent, you may not conduct business electronically with GO, and you must not click "Accept".
What does this Consent cover once I click "Accept"?
This Consent covers your agreement to all of the terms and conditions of this Consent, including your agreement to:
- receive via electronic means the documents that GO is required by law to provide or make available to you in writing ("Required Documents"), as well as other information and documents (collectively, "Other Documents");
- execute via electronic means Required Documents and Other Documents; and
- be bound with the same force and effect as if you had affixed your signature on paper by hand when you click "Accept" or otherwise apply your electronic signature to Required Documents or Other Documents.
Even though you have provided GO with this Consent, GO may, at its option: (a) deliver Required Documents and Other Documents to you on paper, and (b) require that certain communications from you be delivered to GO on paper.
May I obtain paper copies of the Required Documents and Other Documents?
Yes. You may obtain paper copies of any of the Required Documents or Other Documents at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future).
Should I maintain copies of the Required Documents and Other Documents?
Yes. You agree to print or save this Consent and all Required Documents and Other Documents, and to keep printed or electronic copies of them for your records. If you have any trouble with printing or saving, you should contact GO.
How long will this Consent remain in effect?
This Consent shall become effective once you click the "Accept" button below and remains in effect for so long as your Subscription remains in effect, or until you withdraw your consent (as described in the next section), whichever occurs first.
What if I change my mind?
If at any time you would like to cease doing business electronically with GO with respect to your Subscription, you will need to provide GO with written notice of your withdrawal of your consent to do business electronically, which will then terminate this Consent. You may withdraw consent at any time and without charge by contacting GO at the address provided below (or such other address as may be provided to you in the future). Your withdrawal of consent to do business electronically and the termination of this Consent will become effective two (2) business days after GO's receipt of your withdrawal. Thereafter, all Required Documents and Other Documents will be provided to you on paper.
What if my contact information changes?
You must keep GO informed of any changes to your e-mail address and all other contact information. You may inform GO of any such changes by contacting GO at the address provided below (or such other address as may be provided to you in the future).
How can I contact GO?
You can contact GO as follows:
Mail: GO
6526 South Kanner Highway
			Suite 240
Stuart, FL 334997
Telephone: 	267-715-1910
Internet: 	www.drivego.com
E-mail: go@drivego.com
Are there any hardware or software requirements to do business electronically with GO?
Yes. To make full use of the service provided by GO you must have access to an electronic device such as an Apple iPhone, Android Smartphone or a tablet with a current subscription for voice, SMS and mobile data services. To access and retain the Required Documents and Other Documents sent or made available to you electronically by GO you must have access to a computer with an Internet connection. You must be able to send and receive e-mails and be able to save the Required Documents and Other Documents to a storage device for later reference or have the computer connected to a printer so you can print out such documents.
PLEASE PRINT OR SAVE A COPY OF THIS CONSENT NOW FOR FUTURE REFERENCE.
I have carefully read this Consent and accept it voluntarily and with full knowledge and understanding of its terms and conditions. I have read this Consent using computer hardware and software that meets the minimum hardware and software requirements described above. I have successfully printed or saved a copy of this Consent.
This form was revised on July 19, 2022
Privacy Policy
Effective August 19, 2022
DownloadTable of Contents
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Go
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Delaware, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Go, accessible from https://www.drivego.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: legal@drivego.com
Last updated: July 31, 2020
Effective August 18, 2022 to August 19, 2022
DownloadTable of Contents
Privacy Policy
Last updated: July 31, 2020
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Go
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Delaware, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Go, accessible from https://www.drivego.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: legal@www.drivego.com
Effective August 18, 2022 to August 18, 2022
DownloadTable of Contents
Privacy Policy
Last updated: July 31, 2020
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Go
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Delaware, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Go, accessible from https://www.drivego.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: legal@www.drivego.com
Fair Credit Reporting Act Disclosure & Authorization
Effective March 7, 2023
DownloadTable of Contents
Disclosure
As an applicant to become a subscriber with GO Subscription, LLC (“GO”), you are a consumer with rights under the Fair Credit Reporting Act. GO may choose to obtain and use information contained in a consumer report from a consumer reporting agency about you: (1) when considering your subscription application, (2) when making a decision whether to accept your subscription, (3) when deciding whether to continue, revoke or modify your subscription (if you are approved); (4) doing periodic re-screening of subscribers to insure continued compliance with our rules and policies; or (5) when making other subscription-related decisions directly affecting you. A consumer report may include the following: driving history records, motor vehicle records, verification of identification you provide, criminal history, credit history, civil record, loss damage waiver scores and reports and information and/or copies of documents from any military service records.
For explanation purposes, a “consumer reporting agency” is a person or business which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports to others, such as this organization. A “consumer report” means any written, oral or other communication of any information by a consumer reporting agency bearing on your credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing your eligibility for a position.
Authorization
I hereby voluntarily authorize GO to obtain a consumer report about me from a consumer reporting agency and to consider this information when making decisions regarding my application for subscription and continued status as a subscriber for GO's vehicles and services. I understand and acknowledge that under provision of the FCRA, I may request a copy of any consumer report from the consumer reporting agency that compiled the report, after I have provided proper identification. I also understand that I have rights under the Fair Credit Reporting Act, including the rights discussed above. I agree that by checking “Accept” I acknowledge having read this statement and agree with its provisions.
Effective September 23, 2022 to March 7, 2023
DownloadSummary of changes
Changed parent company from Frank Subscription to GO Subscription.
Table of Contents
Disclosure
As an applicant to become a subscriber with GO Subscription, LLC (“GO”), you are a consumer with rights under the Fair Credit Reporting Act. GO may choose to obtain and use information contained in a consumer report from a consumer reporting agency about you: (1) when considering your subscription application, (2) when making a decision whether to accept your subscription, (3) when deciding whether to continue, revoke or modify your subscription (if you are approved); (4) doing periodic re-screening of subscribers to insure continued compliance with our rules and policies; or (5) when making other subscription-related decisions directly affecting you. A consumer report may include the following: driving history records, motor vehicle records, verification of identification you provide, criminal history, credit history, civil record, loss damage waiver scores and reports and information and/or copies of documents from any military service records.
For explanation purposes, a “consumer reporting agency” is a person or business which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports to others, such as this organization. A “consumer report” means any written, oral or other communication of any information by a consumer reporting agency bearing on your credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing your eligibility for a position.
Authorization
I hereby voluntarily authorize GO to obtain a consumer report about me from a consumer reporting agency and to consider this information when making decisions regarding my application for subscription and continued status as a subscriber for GO's vehicles and services. I understand and acknowledge that under provision of the FCRA, I may request a copy of any consumer report from the consumer reporting agency that compiled the report, after I have provided proper identification. I also understand that I have rights under the Fair Credit Reporting Act, including the rights discussed above. I agree that by checking “Accept” I acknowledge having read this statement and agree with its provisions.
Effective August 19, 2022 to September 23, 2022
DownloadTable of Contents
Disclosure
As an applicant to become a subscriber with Frank Subscription, LLC (“Frank”), you are a consumer with rights under the Fair Credit Reporting Act. Frank may choose to obtain and use information contained in a consumer report from a consumer reporting agency about you: (1) when considering your subscription application, (2) when making a decision whether to accept your subscription, (3) when deciding whether to continue, revoke or modify your subscription (if you are approved); (4) doing periodic re-screening of subscribers to insure continued compliance with our rules and policies; or (5) when making other subscription-related decisions directly affecting you. A consumer report may include the following: driving history records, motor vehicle records, verification of identification you provide, criminal history, credit history, civil record, loss damage waiver scores and reports and information and/or copies of documents from any military service records.
For explanation purposes, a “consumer reporting agency” is a person or business which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports to others, such as this organization. A “consumer report” means any written, oral or other communication of any information by a consumer reporting agency bearing on your credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing your eligibility for a position.
Authorization
I hereby voluntarily authorize Frank to obtain a consumer report about me from a consumer reporting agency and to consider this information when making decisions regarding my application for subscription and continued status as a subscriber for Frank’s vehicles and services. I understand and acknowledge that under provision of the FCRA, I may request a copy of any consumer report from the consumer reporting agency that compiled the report, after I have provided proper identification. I also understand that I have rights under the Fair Credit Reporting Act, including the rights discussed above. I agree that by checking “Accept” I acknowledge having read this statement and agree with its provisions.
Effective August 18, 2022 to August 19, 2022
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FAIR CREDIT REPORTING ACT DISCLOSURE & AUTHORIZATION
Disclosure
As an applicant to become a subscriber with Frank Subscription, LLC (“Frank”), you are a consumer with rights under the Fair Credit Reporting Act. Frank may choose to obtain and use information contained in a consumer report from a consumer reporting agency about you: (1) when considering your subscription application, (2) when making a decision whether to accept your subscription, (3) when deciding whether to continue, revoke or modify your subscription (if you are approved); (4) doing periodic re-screening of subscribers to insure continued compliance with our rules and policies; or (5) when making other subscription-related decisions directly affecting you. A consumer report may include the following: driving history records, motor vehicle records, verification of identification you provide, criminal history, credit history, civil record, loss damage waiver scores and reports and information and/or copies of documents from any military service records.
For explanation purposes, a “consumer reporting agency” is a person or business which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports to others, such as this organization. A “consumer report” means any written, oral or other communication of any information by a consumer reporting agency bearing on your credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing your eligibility for a position.
Authorization
I hereby voluntarily authorize Frank to obtain a consumer report about me from a consumer reporting agency and to consider this information when making decisions regarding my application for subscription and continued status as a subscriber for Frank’s vehicles and services. I understand and acknowledge that under provision of the FCRA, I may request a copy of any consumer report from the consumer reporting agency that compiled the report, after I have provided proper identification. I also understand that I have rights under the Fair Credit Reporting Act, including the rights discussed above. I agree that by checking “Accept” I acknowledge having read this statement and agree with its provisions.
GPS Disclosure
Effective August 19, 2022
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Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all our subscribers.
Effective August 18, 2022 to August 19, 2022
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Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all our subscribers.
Subscription Terms & Conditions
Effective March 25, 2024
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Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 12 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 12 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than ten (10) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
Effective September 28, 2023 to March 25, 2024
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 12 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 12 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than ten (10) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective July 11, 2023 to September 28, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 12 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 12 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than ten (10) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective June 5, 2023 to July 11, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than ten (10) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 17, 2023 to June 5, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 12, 2023 to May 17, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 12, 2023 to May 12, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
- No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
- Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; and
- A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 10, 2023 to May 12, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.drivego.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 10, 2023 to May 10, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you should have your vehicle towed to a GO authorized repair center. If your Vehicle is not towed to a GO authorized repair center and the vehicle must be moved for any reason, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 1, 2023 to May 10, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
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New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 1, 2023 to May 1, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective April 1, 2023 to May 1, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions.
“Garaging address” is the primary location were the car is kept and considered the home address for the purpose of insurance, taxes and customer eligibility.
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. We also offer a convenient no cost pick up option. A delivery charge will apply for deliveries based on the driving distance from our hub location that serves your area to your garaging address.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
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New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
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North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective February 20, 2023 to April 1, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective February 20, 2023 to February 20, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
STATE VARIATIONS. INSURANCE REQUIREMENTS MAY VARY BY YOUR STATE OF RESIDENCE. SEE SCHEDULE 3 FOR LOCATION-SPECIFIC INFORMATION.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Location-specific Information
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray's Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
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New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
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North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective February 1, 2023 to February 20, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective January 31, 2023 to February 1, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
We provide customers with a mileage buffer of 1,000 miles. This is designed to cover additional, increased driving periods that may come prior to accruing unused Rollover Miles. For example, if you go over your mile allocation in the first month by 200 miles, you won’t be charged for those 200 miles. For month 2, your mileage buffer includes 800 remaining miles. Once the 1,000-mile buffer is fully used, you will be charged for those 1,000 additional miles and your Mileage Bank will reset. And at the end of your subscription, any additional miles in that buffer will be billed at $0.25 per mile.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}} {{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
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New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
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North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective January 31, 2023 to January 31, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}}{{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective January 31, 2023 to January 31, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}}{{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective January 31, 2023 to January 31, 2023
DownloadSummary of changes
Various changes related to maintenance and insurance.
Table of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles. Persons who have recently applied to and been declined by GO as a primary Subscriber are not eligible to be an Additional Driver on your account. For purposes of the preceding sentence, “recently” means the 12-month period preceding your request to add a person as an Additional Driver under your account.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid and unexpired at all times during the term of this Agreement in the US jurisdiction where you reside. For purposes of this Agreement a “valid” license does not include temporary, limited, or probationary licenses;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber and Additional Driver’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. You also understand that pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arise out of use by anybody who is not an Authorized Driver or any other “Prohibited Use” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages to or loss of our Vehicles (including if a Vehicle is stolen and not recovered or determined to be a total loss) or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise. GO, not you, will receive the full payment of any insurance proceeds since GO is the owner of the Vehicle.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages, and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up to date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agree to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies, and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less. Failure to comply with these requests may result in an administrative fee of up to $100.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee, and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pickup location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You will incur additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You will incur additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
You are responsible for performing preventative maintenance on our Vehicle that meets the requirements on the maintenance schedule found on DriveGO.com or “My Account login.” . The minimum preventative maintenance typically includes oil & filter changes, tire rotations, multi-point vehicle inspections, and state-required safety and/or emissions inspections. Some of our vehicles may be eligible for maintenance services provided directly by the manufacturer for a limited time period.In that case, GO will notify you and pass this benefit along to you. GO is not responsible for any changes to a manufacturer’s maintenance program, and the failure of a manufacturer to provide this benefit does not discharge your responsibility to ensure that the preventative maintenance has been performed.
Most vehicles have an advanced notification system to let you know when maintenance is due.Typically, you will receive a message on the dashboard of your vehicle informing you when it is time to perform maintenance.You may also receive a notification from GO via the Platform, email, or text. Once a scheduled maintenance has been performed, please upload a copy of the documentation to the Platform or email to service@drievego.com.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; a daily administrative fee of $25 (up to a maximum of $100 per incident);, Loss of Use, and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By any person who is not an Authorized Driver;
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally, or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved, or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive, or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees, and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas. Vehicles are always provided to you with more than a quarter tank of gas, typically more than three quarters of a tank. When you return a vehicle, you will need to ensure it has at least a quarter tank of gas or you will be charged a one-time fee of $50 for refueling the Vehicle.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability. We may, but are not obligated to, use telematics systems to attempt to locate and deactivate the stolen Vehicle. You understand that the telematics systems installed on our Vehicles are operated by third parties, and we have no control of and are not responsible for any failure of those systems to function properly. Failure to recover a stolen Vehicle will not relieve you of your responsibility for loss of the Vehicle described in Section 7 of the Terms and Conditions, including payment of an insurance deductible.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses, and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible), including if the Vehicle is determined to be a total loss. Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}}{{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of Your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective January 10, 2023 to January 31, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. Pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You are subject to additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}}{{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
Insurance Excess Mileage Rate | ${{excessMileageRate}} |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee* | ${{insuranceFee}} |
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective November 1, 2022 to January 10, 2023
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. Pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You are subject to additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Customer Information | |
Name | {{firstName}}{{lastName}} |
Phone | {{phone}} |
{{email}} | |
Vehicle Information | |
Year/Make/Model/Color | {{modelYear}} {{makeName}} {{modelName}} {{extColor}} |
VIN | {{vin}} |
License Plate | {{licensePlate}} |
Possession Start (Subscription) Date | {{subscriptionStartDate}} |
Allowable Monthly Miles | {{monthlyMiles}} |
Excess Mileage Rate | $0.25 |
Insurance Excess Mileage Rate | ${{excessMileageRate}} |
One-Time Charges | |
Restocking Fee | ${{restockingFee}} |
Vehicle Delivery | ${{deliveryCost}} |
Sales Tax | ${{salesTax}} |
Other | ${{other}} |
TOTAL ONE-TIME CHARGES | ${{oneTimePayments}} |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | ${{subscriptionFee}} |
Insurance Fee*
| ${{insuranceFee}}
|
Sales Tax & Other Charges | ${{salesTaxAndOther}} |
TOTAL MONTHLY FEES | ${{monthlyPayment}} |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective October 6, 2022 to November 1, 2022
DownloadSummary of changes
Edited the Vehicle breakdown section in Schedule 1.
Table of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. Pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You are subject to additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Vehicle Information | |
Year/Make/Model/Color | |
VIN | |
License Plate | |
Possession Start (Subscription) Date | |
Mileage Out | |
Allowable Monthly Miles | |
Excess Mileage Rate | |
Insurance Excess Mileage Rate |
One-Time Charges | |
Restocking Fee | |
Vehicle Delivery | |
Sales Tax | |
Other | |
TOTAL ONE-TIME CHARGES |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | |
Insurance Fee* | |
Insurance Excess Mileage Fee* | |
Sales Tax & Other Charges | |
TOTAL MONTHLY FEES |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
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New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
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North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective September 29, 2022 to October 6, 2022
DownloadSummary of changes
Updated to explicitly state that prepaid cards cannot be used and clarification on cleaning fees added in cases of smoking in vehicles.
Table of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions. Pre-paid credit and debit cards are not acceptable forms of payment.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions! You are subject to additional cleaning fees and charges if we find evidence of smoking in our vehicles during your use.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Vehicle Information | |
Year/Make/Model/Color | |
VIN | |
License Plate | |
Possession Start (Subscription) Date | |
Mileage Out | |
Allowable Monthly Miles | |
Excess Mileage Rate | |
Insurance Excess Mileage Rate |
One-Time Charges | |
Restocking Fee | |
Vehicle Delivery | |
Sales Tax | |
Other | |
TOTAL ONE-TIME CHARGES |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | |
Insurance Fee* | |
Insurance Excess Mileage Fee* | |
Sales Tax & Other Charges | |
TOTAL MONTHLY FEES |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective September 27, 2022 to September 29, 2022
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions!
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Vehicle Information | |
Year/Make/Model/Color | |
VIN | |
License Plate | |
Possession Start (Subscription) Date | |
Mileage Out | |
Allowable Monthly Miles | |
Excess Mileage Rate | |
Insurance Excess Mileage Rate |
One-Time Charges | |
Restocking Fee | |
Vehicle Delivery | |
Sales Tax | |
Other | |
TOTAL ONE-TIME CHARGES |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | |
Insurance Fee* | |
Insurance Excess Mileage Fee* | |
Sales Tax & Other Charges | |
TOTAL MONTHLY FEES |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. If your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective September 9, 2022 to September 27, 2022
DownloadSummary of changes
Updated Schedule 1 to reflect that customers going forward will get both keys. Updated Section 16 GO written communication address.
Table of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
6526 S Kanner Highway, Suite 240
Stuart, FL 34997
Stuart, FL 34997
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions!
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive two master keys and fobs at the time you receive the Vehicle – or in some cases, the second key will be sent to you shortly after the date you received your vehicle. In instances where the second key is sent to you, you will typically receive the second key within 7-10 days. Vehicles must be returned with the same number of keys you were provided. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Vehicle Information | |
Year/Make/Model/Color | |
VIN | |
License Plate | |
Possession Start (Subscription) Date | |
Mileage Out | |
Allowable Monthly Miles | |
Excess Mileage Rate | |
Insurance Excess Mileage Rate |
One-Time Charges | |
Restocking Fee | |
Vehicle Delivery | |
Sales Tax | |
Other | |
TOTAL ONE-TIME CHARGES |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | |
Insurance Fee* | |
Insurance Excess Mileage Fee* | |
Sales Tax & Other Charges | |
TOTAL MONTHLY FEES |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. As a convenience, the cost to refuel a Vehicle when returned (without mark-up) will be charged to your account. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective August 19, 2022 to September 9, 2022
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at go@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
a. Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at go@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to go@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at https://legal.drivego.com/#privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to go@drivego.com or mailed to us at the following address:
GO
40 E. Montgomery Avenue
Ardmore, PA 19003
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at go@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to go@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://legal.drivego.com/#wear-and-tear-guidlines for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions!
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive one master key and fob at the time you receive the Vehicle. GO keeps the additional key on hand in the event of a lost key. In this instance, GO will assist in getting a replacement key made for you and will need the additional key to do so. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
- The address of your primary residence;
- Your email address or mobile phone number;
- Your payment method or details;
- Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Vehicle Information | |
Year/Make/Model/Color | |
VIN | |
License Plate | |
Possession Start (Subscription) Date | |
Mileage Out | |
Allowable Monthly Miles | |
Excess Mileage Rate | |
Insurance Excess Mileage Rate |
One-Time Charges | |
Restocking Fee | |
Vehicle Delivery | |
Sales Tax | |
Other | |
TOTAL ONE-TIME CHARGES |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | |
Insurance Fee* | |
Insurance Excess Mileage Fee* | |
Sales Tax & Other Charges | |
TOTAL MONTHLY FEES |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. As a convenience, the cost to refuel a Vehicle when returned (without mark-up) will be charged to your account. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
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New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
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North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Effective August 18, 2022 to August 19, 2022
DownloadTable of Contents
Subscription Agreement Terms and Conditions (“Terms and Conditions”)
Go Subscription, LLC dba GO Subscription (“GO” or “us”) welcomes you. The Subscription Agreement (“Subscription Agreement” or “Agreement”), including these Terms and Conditions and the Schedules, sets forth the terms and conditions of a contract between GO and you for participation in the GO subscription program (“Program” as defined below), which may be made available to you through a variety of platforms, including, www.gosubscription.com (the “Website”) and a mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.” The Subscription Agreement governs (a) application, enrollment, and ongoing subscription to the Program, (b) the rental and use of vehicles through the Program, and (c) your use of the Platform. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with the terms and conditions set forth below,
TO DRIVE OUR VEHICLES, USE OUR PLATFORM, AND PARTICIPATE IN THE PROGRAM, YOU HAVE TO ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT. YOU MUST NOT RELY ON ANY SUCH PURPORTED MODIFICATION OR WAIVER.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
THE INITIAL TERM OF THIS AGREEMENT IS ONE MONTH AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL, SUCCESSIVE ONE CALENDAR MONTH TERMS UNLESS TERMINATED IN ACCORDANCE WITH THE TERMS OF SECTION 9 BELOW.
Please review Schedule 3 for location-specific information that may be applicable to the location in which your Vehicle is received or delivered.
If you have any questions regarding this Agreement, please contact us via email at GO@drivego.com or by telephone at 267-715-1910.
1. Definitions
In this Agreement, the following definitions apply:
"Additional Driver” means any person, whether a family member or otherwise, who is authorized by you and approved by us to drive our Vehicles and participate in the Program under your account with us and under the terms of this Agreement. You may have to pay fees for each Additional Driver, and they will have to meet the same eligibility criteria that we require for all of our drivers. You and each Additional Driver are “Authorized Drivers” of our Vehicles.
“Agreement” or “Subscription Agreement” means these Terms and Conditions, the Schedules to the Terms and Conditions, and our Rules, whether made available in print or electronically through our website, each as amended, modified or supplemented from time to time. The Terms and Conditions, the Schedules, and the Rules are an integral part of this Agreement.
“Calendar Month” means a period beginning on a day of one of the 12 months of the year and ending on either: (a) the day immediately preceding the corresponding day of the following month if that day exists; or (b) if that day does not exist, the last day of the month.
“Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions
“Program” means the GO subscription program, which enables pre-approved subscribers to use the Platform and activate the use of our Vehicles (but no more than one Vehicle at a time), subject to availability and in accordance with the terms and conditions of this Agreement.
“Rental Period” means the period between the time you take possession of a Vehicle and the first of the following to occur: (a) the Vehicle is returned to us and checked in by us; (b) the Vehicle is recovered and checked in by us; and (c) you will have possessed the Vehicle for one Calendar Month.
"Rules" means all of our rules, requirements, policies and procedures related to your use of our Vehicles and participation in the Program, whether set forth in this Agreement, appearing elsewhere on our website or otherwise issued from time to time by us, each as amended, modified or supplemented from time to time.
"Schedules" means all the schedules, rate plans and policies referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Subscription Period” means each monthly period during which you maintain an activated Vehicle in the Program.
“Vehicle” means any of the vehicles in the fleet provided by GO and made available for use by subscribers to the Program. An “Activated Vehicle” is a Vehicle that you have activated and are renting as further described in Schedule 2.
"You" means the person who signs this Agreement and each Additional Driver who uses our Vehicles. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Eligibility
To be eligible to drive our Vehicles and participate in the Program, you (and each Additional Driver) must meet at a minimum the following requirements:
- Be at least 25 years of age;
- Hold, and provide to us a copy, of a U.S. state-issued or non-U.S. driver license, either of which must be valid at all times during the term of this Agreement in the US jurisdiction where you reside;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process or otherwise;
- Have and will maintain a driving history that meets, in our sole and absolute discretion, our eligibility requirements;
- Have not ever been convicted of:
- A moving traffic violation that resulted in death or serious injury; or
- Driving with a suspended, restricted, or revoked license; or
- Leaving the scene of an accident; or
- Driving a motor vehicle while under the influence of alcohol or drugs; or
- Refusing a sobriety test; or
- Providing false information to a law enforcement officer; or
- Eluding law enforcement; or
- Negligent or felonious driving; or
- Vehicular homicide; or
- Any other violation that has resulted in the restriction, suspension, revocation, or invalidation of your driver license.
If at any time during the term of this Agreement (as defined in Section 9 below), you no longer meet the minimum requirements described in this Section 2, GO will have the right to immediately terminate your subscription to the Program. If an Additional Driver no longer meets the minimum requirements, that Additional Driver’s right to use our vehicles will be terminated.
3. Subscriber Application and GO’s Evaluation of Application
Application. To submit an application to become a Program subscriber, an individual must apply via the application available on the Platform (the “Application”). The Application will require the applicant to provide at least the following (and GO reserves the right to request further information):
- Subscriber’s contact information including:
- Physical address
- Email address
- Mobile phone number
- Employment phone number
- Subscriber and Additional Driver’s driving license
- Income information
- Subscriber’s payment information
You must read and accept these Terms and Conditions at the conclusion of the Application process by clicking the applicable checkbox and then clicking the “Apply Now” button on the review screen. SUBMITTING AN APPLICATION DOES NOT MEAN THAT AN APPLICANT WILL BE ACCEPTED INTO THE PROGRAM, BUT THESE TERMS AND CONDITIONS ARE BINDING ON ANYONE WHO CONSENTS TO THESE TERMS AND CONDITIONS.
b. Evaluation of Application by GO. Please note that acceptance of your Application is subject to our approval, and your subscription to the Program may be denied or, even if it is accepted, it can be terminated, based upon criteria established from time to time by us or our insurance providers. You acknowledge that the approval or denial of your application or the decision to terminate it based upon our criteria will be at our discretion. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain Vehicles based upon your driving history and experience or the type of vehicle class that you have selected; additionally, as a condition of receiving an approval, you may, in our sole and absolute discretion, be required to pay a refundable security deposit.
By submitting an Application, and to the extent permitted by law, a potential subscriber also consents to have a “soft” credit inquiry conducted by us, or our agent, to evaluate a potential subscriber’s eligibility for the Program. We may obtain information from third parties concerning a potential subscriber to evaluate an applicant’s eligibility. We may conduct other due diligence. GO may pass your personal information to third party agencies for the purposes of carrying out that due diligence. This information shall not be sold to third parties.
By applying to participate in the Program, and to the extent permitted by law, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire. If you do not have a driver’s license from the jurisdiction in which you reside, failure to get one when required by applicable law constitutes your breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request additional information, such as a copy of a passport or proof of address at any time. As a condition to us agreeing to allow you to drive our Vehicles, you must maintain a good driving record, and we may, from time to time, check your driving records. If you do not continue to meet our eligibility requirements, we reserve the right, at our discretion, to suspend, constrain or terminate your right to drive our Vehicles and participate in the Program. If your license is suspended or revoked or becomes invalid, or if you have any further endorsements or accidents on your driving record or if you are convicted of or receive a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving or exceeding the relevant speed limit, you agree to report such suspension, revocation, changes, conviction or citation to us promptly. Please be advised that, among other things, such events, or the failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our Vehicles and will give us the right to immediately terminate your subscription.
GO will use its best efforts to evaluate an Application within 24 hours after submission.
c. GO’s Rejection of Application. GO reserves the right to deny an Application based upon our evaluation of the Application. If after reviewing an Application, we determine, in our sole discretion, that a potential subscriber is not eligible to participate in the Program, we will notify the applicant at the end of the Application process and both parties’ obligations under these Terms and Conditions will terminate immediately. No money will be charged to the potential subscriber.
4. Basic terms of use of our Vehicles and Program participation
You understand and agree that we are and will continue to be the owner of all Vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those Vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and the Platform that we use in connection with our Vehicles and the Program. Your use of, and rights in relation to, any Vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement and subject to the terms and conditions of this Agreement, including payment of the fees described in Section 4 below. You are not acquiring any ownership interest in any Vehicle or other personal property.
The initial Rental Period for a Vehicle may not exceed one Calendar Month. Unless you return a Vehicle before the end of the initial Rental Period, the rental will automatically renew for additional Calendar Month Rental Period(s) (each a “Renewal Rental Period”), provided that: (a) you are in good standing and in compliance with your obligations under the Agreement; (b) we may require you to return, or make available, the Vehicle for inspection; and (c) the total combined length of the Initial Rental Period and the Renewal Rental Period(s) does not exceed 36 months. You will pay the same Subscription Fee regardless of the total duration of the Rental Period(s); however, you acknowledge that taxes, fees, and other charges payable for the initial Rental Period may be subject to change during subsequent Rental Periods.
5. Fees and your responsibilities
Payment Method. At our option, we may require that you designate an account at a commercial bank of your choice (the “Account”) for the payment of amounts due to us and/or our affiliates. If we require you to designate an Account for payment, you must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer (including an ACH Authorization Form that we may require you to complete as part of the application process, which is substantially in the form attached as Schedule 3. If funds in your Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer for any payment that is owed to us, then your use of our Vehicles and participation in the Program may be terminated by us in accordance with our Rules. If there are ongoing issues with your Account, then your use of our Vehicles and participation in the Program may be terminated immediately at our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities. We may require you to pay any amounts due under this Agreement or otherwise by means other than automatic, electronic debit (e.g., by check or wire transfer) whenever we deem appropriate, and you must comply with our payment instructions.
Subscription Fee: If we approve your subscription, you will pay a monthly “Subscription Fee” as further described in Schedule 2 (as modified from time to time) for your participation in the Program, including your rental of Vehicle(s) and use of the Platform. You authorize us to transfer, from the Account, the Subscription Fee and other monthly charges listed on Schedule 2 (as modified from time to time) plus applicable taxes for the first month shortly after we approve your subscription. The first monthly Subscription Fee and other monthly fees will be for the first Calendar Month of your subscription. Following this initial Calendar Month, subscription periods under this Agreement will be for sequential month-to-month periods, billed on the same day of each month. Because there are different numbers of days in a month, a monthly subscription may be 28, 29, 30 or 31 days. As an example, if the first day following the initial 30-day subscription period is June 15, we will automatically charge your payment card again on July 15. If such monthly subscription start date is on a day that does not recur on a monthly basis (such as March 31) we will bill you on a day that we determine to be appropriate under the circumstances (such as April 30 or May 1).
Unless and until you cancel your subscription with us in accordance with the procedures set forth in this Agreement, or this Agreement is otherwise terminated, this Agreement will automatically renew for an additional monthly term, in which case we will then promptly charge your account automatically for the next month’s Subscription Fee. The monthly Subscription Fee is payable even if you do not have possession of and/or use a Vehicle on all or any of the days of that month.
Restocking Fee: You agree to pay a restocking fee (“Restocking Fee”) in the amount of $999 each time you return a Vehicle. The Restocking Fee will be reduced to $0 for each Vehicle returned after you will have possessed it for 36 Rental Periods.
Other Charges: You are required to pay all fees and costs incurred (including fees and costs incurred by any Additional Drivers on your account) when due, including, (a) Subscription Fees (which are automatically charged when due, as stated above); (b) sales and other taxes, levies, surcharges, and fees; (c) toll fees, moving, parking, photo enforcement and other violations, and related fines, fees, and taxes (as further described in the Rules); (d) reasonable costs arising from one of our Vehicles being returned or left at any location other than the location that we specify for your authorized return or exchange of the Vehicle; (e) towing, storage, and impound fees; (f) all costs we incur collecting payment from you or otherwise enforcing our rights under this Agreement, including reasonable attorneys’ fees; (g) excess mileage fees; (h) refueling fees; (i) a late fee of $25 per day (or the maximum permitted by applicable law) if we do not receive any payment when due; (j) $25 or the maximum amount permitted by law, if funds in the Account are insufficient to cover the amounts payable at the time we make an electronic funds transfer; and (k) other costs and fees as provided in the Rules and Schedules.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000 per incident.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 above does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
9. Term and Termination; Repossession of Vehicles
This Agreement shall commence upon the acceptance by us of your Application and your payment of any applicable fees. The term of this Agreement shall continue until such time as your subscription is canceled or terminated in accordance with this Section 9.
You may terminate your subscription upon thirty (30) days’ prior notice by calling us at 267-715-1910 or by contacting us via email at GO@drivego.com. Please note that we do not prorate unused days remaining in your subscription term if you terminate this Agreement during the initial term or a renewal term.
In addition to the termination provisions set forth in the next paragraph, we may terminate this Agreement at any time and for any reason upon no less than thirty (30) days' notice to you, in which event we will, if applicable, refund a prorated portion of your Subscription Fee for the subscription period when termination occurs.
We may also, upon notice to you, immediately terminate this Agreement (and no monthly Subscription Fees or other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
(a) You fail to pay any sum due under this Agreement;
(b) You or any Additional Driver fail to comply with any term or condition specified in this Agreement or the Rules;
(c) You or any Additional Driver are involved in an incident with one of our Vehicles that we believe, in our reasonable discretion, renders you or the Additional Driver ineligible or inappropriate for continued rights to use our Vehicles or participate in the Program;
(d) You or any Additional Driver engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, or otherwise unacceptable; or
(e) You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition under any bankruptcy, insolvency law or similar law that is unresolved within sixty (60) days of the filing of such petition, you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon termination of this Agreement, all of your rights and the rights of any Additional Drivers to use our Vehicles and participate in the Program shall immediately terminate. Upon termination of the Agreement (or sooner upon our demand), you agree to immediately return our Vehicles and any of our other property in your possession.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
In the event of a flat cancellation, you will be entitled to a full refund of all fees and charges paid if a request is made in writing to GO@drivego.com within 24 hours of the initial payment being made, so long as your delivery is not scheduled within the same 24-hour timeframe. In the event that the flat cancellation request is made beyond the initial 24-hour timeframe, no refunds or prorations will be made.
To the extent permitted by law: (a) we can have any of our Vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement, or fail to return the Vehicle as required by this Agreement; (b) you agree to pay all costs associated with the recovery, as well as reasonable legal fees as a result of the repossession; and (c) you and all Additional Drivers hereby agree to waive all claims for damages connected with the recovery.
10. Privacy
Please carefully review our Privacy Policy set forth at www.drivego.com/privacy-policy.You represent and warrant to us that you have reviewed and understand our Privacy Policy, and you acknowledge and agree that any information shared by, or collected from or about, you may be used by us in accordance with the terms of the Privacy Policy, as it may be amended from time to time. Without limiting the terms of our Privacy Policy, telephone calls, email correspondence and social media communications with us may be recorded or monitored. By using these communication methods, you are consenting to the recording or monitoring of your calls, emails, SMS messages, instant messages and social media communications.
11. Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a part of this Agreement:
Schedule 1: Rules of Vehicle Use;
Schedule 2: Fees and Rates;
Schedule 3: Recurring ACH Authorization
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on the Platform, when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online newsletter. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
12. Intellectual Property
Content. The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or licensed to us by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
Trademark. The trademarks, service marks, and logos used and displayed on the Platform may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
Restrictions on Use. You must comply with the following restrictions in connection with your use of the Platform and/or the Service: (i) you must not reverse engineer or otherwise attempt to discover the source code of software relating to the Platform; (ii) you must comply with all applicable laws relating to your use of the Platform, the Service, and any vehicles or other items provided through the Service, and will not use any of the foregoing for any unlawful or otherwise fraudulent purpose; (iii) you must not access or use the Platform or the Service to collect any market research for a competing business; (iv) you must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Platform or the Service; (v) you must not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means; (vi) you must not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; or (vii) you must not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
13. External Services
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.
The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. Electronic Consent and Communication.
To the fullest extent permitted by applicable law, these Terms and Conditions and any notices or other communications (including, without limitation, by email) regarding access to and/or use of the Program, may be provided to you electronically, and you hereby agree to receive electronic communications from us in an electronic form. Electronic communications may, and will, be delivered to the email address that you provided to us in the Application. All communications in either electronic format will be considered to be in “writing.” You expressly agree that any notice or other communications required under these Terms and Conditions may be given in email form. In addition, you expressly agree that it is your sole responsibility to keep your email address accurate and up-to-date by providing us with written notice of any changes to the same, and that we may reasonably assume that any communications sent to the email address provided will be received by you. Your consent to receive communications electronically is valid until you revoke your consent. You may receive a paper copy of any communication or other record made in connection with the Program by contacting us at GO 40 E. Montgomery Avenue, Ardmore, PA 19003.
By clicking the applicable checkbox and then clicking the “Consent” button or similar button applicable to these Terms and Conditions, you expressly agrees to both these Terms and Conditions and electronic signature relating to your Program, applicable Vehicle reservations, and applicable rentals.
15. Governing Law and Dispute Resolution.
Governing Law. This Agreement is governed by the laws in force in the Commonwealth of Pennsylvania and shall be interpreted according to the internal laws of the Commonwealth of Pennsylvania, without reference to its conflicts of laws or choice of law rules.
Mandatory Arbitration Agreement; Class Action and Jury Trial Waiver. YOU AND GO EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND GO AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING, CLAIMS RELATING TO GO’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “YOU” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF YOUR AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “GO” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING ITS SERVICE PROVIDERS AND MARKETING PARTNERS. YOU AND GO AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Section is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against You only and is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to You or any other Authorized Driver or the application of GO’s financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.
Procedure. A party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other party. If GO and You do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Subscriber or by GO that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.
Arbitration Costs. You will be responsible for your share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the Claim were filed in court. GO will be responsible for all additional administrative arbitration fees. You are responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). You will not be required to reimburse GO for any fees unless the arbitrator finds that the substance of your Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and GO may seek reasonable attorney’s fees. GO will pay all fees and costs it is required by law to pay.
Severability of Arbitration Provision. if any portion of this Section 15 is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section15 shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
16. Miscellaneous
Representations and Warranties. By becoming a subscriber, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand your commitments and obligations hereunder. You further represent and warrant that you and each Additional Driver meets the eligibility requirements described in Section 2 above, and that you will promptly inform us of any changes during the term of this Agreement.
Assignment. The rights granted to you or the Additional Drivers under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No Waiver. No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you or any Additional 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 us of any covenant, condition, or agreement to be performed by you or any Additional 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.
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.
Notice. Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to GO@drivego.com or mailed to us at the following address:
GO
40 E. Montgomery Avenue
Ardmore, PA 19003
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted in the regular U.S. mail.
Schedule 1 - Rules of Use
In addition to the obligations set forth in the Subscription Agreement Terms and Conditions, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to participate in the Program and before paying any application, activation, and/or Subscription Fees. By subscribing to use our Vehicles and participate in the Program and by your continued use of our Vehicles, you and all Additional Drivers are deemed to have accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the GO Subscription Agreement.
How our subscriptions work
To subscribe to our Program, you must pay in advance on a monthly basis a Subscription Fee. The initial subscription period is one Calendar Month followed by monthly sequential periods, billed on the same day of each month (unless such day is a non-recurring day like the 31st, in which case we may bill you on the 30th or the 1st as we deem appropriate). The Subscription Fee is based on the Vehicle selected (see Scheduled 2 fees & rates) and is payable on a per month basis for each subscriber. In addition, you will be responsible for fees and charges for additional services and products that you select, as well as any taxes and surcharges. Although we may choose to change the level of the Subscription Fee from time to time or to offer discounts to certain subscribers, your Subscription Fee will not change unless you elect to return your Vehicle and activate another Vehicle at the then-current fee for the new Vehicle.
We may impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our Vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Payment of the Subscription Fee, in advance, is required in order to hold a subscription to our Program.
Subscribers to the Program have the right to use of one of our Vehicles, subject to availability. When you have a Vehicle in your possession, you are responsible for taking care of that Vehicle in the same manner that a diligent owner might do.
From time to time, we may make certain requests of subscribers, including, but not limited to:
- We may seek to access the Vehicle in your possession to inspect its condition or to perform maintenance; -and-
- We may swap the Vehicle in your possession for an equivalent Vehicle. Typically, we will do this because your current Vehicle needs maintenance, repairs, or other service. We may require you to sign a separate agreement establishing the terms and conditions for your use of the substitute Vehicle, which will control the terms of use of the substitute Vehicle and will be controlling to the extent that is inconsistent with all terms of this Agreement (except for any terms related to rates and charges)
Subscribers are expected to comply with these requests within a reasonable time frame, typically in 4 days or less.
Changes in fees
We will always inform you clearly when the cost of a fee is changing. If you have made a request to us that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes. The communication will lay out the original fee, the new fee and the effective date of the change.
How do you join our Program?
Potential subscribers are asked to register using our Platform. You will be required to provide information, including your name, your mobile number, your email address, your driver’s license number, issuing jurisdiction, and expiration date, payment details, employment and income information, and other information that we reasonably require.
After submitting your application via the Platform, you will receive an email that confirms our receipt of your membership request. In some, but not all, cases we may be able to confirm your eligibility within one business day. Either way, a customer service representative will call you within a reasonable time period after you submit your application to explain what happens next and answer any questions.
After you are accepted into the Program, we will invite you to schedule your first Vehicle and work with you to coordinate its delivery.
How do you receive a Vehicle?
In general, we will deliver your first Vehicle to you after your subscription has been approved, and we have confirmed your reservation for the Vehicle. If you request delivery to a location that is outside the 50-mile radius surrounding any of our hub locations, you will incur an additional fee (as listed in the FAQ) for the delivery.
Vehicle pick-up may be available in some markets, but not all. If you would prefer to pick up a Vehicle, email us at GO@drivego.com to see if we have a pick up location in your area.
In the event you need to reschedule or cancel a vehicle delivery, we require a minimum 24-hour notice. Please notify us of any change requests in writing to GO@drivego.com to avoid additional fees. A no-show for your delivery appointment or a request to reschedule less than 24-hours prior to the scheduled delivery time will result in a $350 redelivery fee being charged to your payment method on file.
How do we connect to a Vehicle’s Bluetooth or other infotainment systems?
If you choose to do so, please note that the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle's memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
How do you return a Vehicle?
You can initiate a Vehicle return using the Platform (preferred method). If necessary, you can also initiate a return by contacting us via SMS, instant messaging, email, or phone. On our Platform, the interface will walk you through the process of submitting a request and receiving confirmation of the date and location. You may receive updates on the status of your request up to and during the return of the Vehicle.
At the time when you return a Vehicle to us, the Vehicle should be in the same condition as when you received it, less ordinary wear and tear. A GO representative will inspect the vehicle for excess wear, damage, confirmation that all original equipment is present and do a final mileage reading. You will be notified of any issues and will receive an invoice and final bill for any billable items, typically within three (3) business days. Visit our website at https://www.drivego.com/wear-and-tear for definitions of normal and excess wear and tear.
You must remove all personal items from the Vehicle, including accessories, bags, luggage, equipment, digital data, etc. As stated above, you are not guaranteed to have use of a particular Vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a Vehicle or stolen from a Vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a Vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period will be donated to charity or disposed of at our discretion.
Who can drive our Vehicles?
We will maintain a list of all drivers who are authorized to drive on your account. Typically, you, as the subscriber, will be listed as the “Primary Driver” on the account. In addition, you will have the option to request that additional drivers be authorized by us and added to your account. Anyone who is expected to be driving the Vehicle habitually should be registered as an Additional Driver.
You can request the authorization of an Additional Driver by contacting us by email or by the tools provided on the Platform. We will require that you provide the name, address, phone number and driver’s license number for the driver to be added. We will communicate to you promptly, typically within a 24-hour window, whether that driver is authorized to use our Program. You may have to pay additional fees for each Additional Driver (as listed in the FAQs), and they will have to meet the same eligibility criteria that we require for all of our drivers. We reserve the right to withhold or to withdraw authorization for any driver.
Is there a mileage limitation?
You may drive our Vehicles up to the monthly mileage allowance for the vehicle you selected without incurring any additional fees to Go. If you exceed the Go mile limitation in any monthly subscription period, you will be charged at the posted rate per excess mile listed on the Platform for the vehicle you selected. In addition, your monthly insurance fee set forth in Schedule 2 (which Go collects on behalf of a third-party insurance provider) is based on a monthly mileage allowance (currently 833 miles per month). If you exceed the monthly insurance mileage allowance, you will be charged an additional monthly insurance fee at the posted rate per excess mile listed on the Platform. The Platform keeps track of the miles that you drive. Unused miles from a subscription month will ‘roll over’ to the subsequent month (accrued mileage for your account). If you wish to avoid excess mileage fees, you can purchase additional miles at a discounted rate when you apply for your subscription.
Keeping the Vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the Vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the Vehicle does become unexpectedly dirty, we ask that you let us know.
In addition, all drivers of our Vehicles and their guests are expected to abide by the following rules that are intended to keep the Vehicle in good condition:
No smoking inside or near the Vehicle – no exceptions!
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of service animals (which are allowed in our Vehicles without being in locked pet carriers in accordance with our policies). You are subject to additional cleaning fees and charges if we find evidence of pets in our Vehicles during your use.
Maintenance and repairs
We will perform all necessary and required routine maintenance on all of our Vehicles. We will notify you when the Vehicle requires maintenance, and you will coordinate a time with us when this maintenance can be completed. In general, we will give you 5 days’ notice prior to any routine maintenance, and you must bring the Vehicle to the location specified by us within 4 days of your receipt of this notice.
You must notify us immediately upon discovering any abnormality during your operation of our Vehicles. For example, you should report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the Vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the Vehicle, any inoperable signals, any unusual noises when the Vehicle is operated, and any other condition that may render the Vehicle unsafe or illegal to operate. You must obtain our prior written approval before servicing the Vehicle or replacing parts or accessories.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by email at service@drivego.com. Failure to report such problems may result in the immediate suspension or termination of your subscription as well as you being responsible for any damages resulting from continued use of the Vehicle despite such irregularities. If you are in need of roadside assistance, see drivego.com/faq for a full list of phone numbers.
Failure to comply with your maintenance obligations may result in the immediate termination of your Subscription Agreement. In addition, you will be responsible for all damage to the Vehicle resulting from your failure to comply plus charges that we incur for towing or storage; an administrative fee of up to $100, Loss of Use and Diminished Value.
What uses are prohibited
You must always use our Vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our Vehicle or other activities that we believe are in violation of law to the authorities at any time. In addition, the operation or use of any of our Vehicles under the following conditions is strictly prohibited:
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our Vehicles or participation in the Program (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving history that does not meet our then current eligibility requirements;
- In violation of any applicable traffic or other law or regulation (except for minor traffic violations);
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a Vehicle is prohibited or not recommended;
- In any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the Vehicle or baggage or other items that would cause the Vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or whose driver’s license has restrictions that are not complied with by such person when driving our Vehicle);
- By any person who is driving while distracted, including driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such Vehicle is equipped by us to do that activity;
- For any business purpose, including, without limitation, transporting people or goods in commerce or operating a taxi, livery, transportation network company service, rideshare, delivery services, or “gig” services, such as Uber, Lyft, Door Dash, Postmates, Uber Eats, etc.;
- For transporting any hazardous, toxic, flammable, dangerous or illegal materials;
- Failing to restrain a child in a federally approved child restraint system and as required by applicable state law;
- On unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other reckless, imprudent, negligent, abusive or abnormal manner for using a Vehicle.
The foregoing are examples only and are not intended to be a complete list of all prohibited uses (“Prohibited Uses”). We reserve the right to add other restrictions and prohibitions. Any unreasonable or inappropriate use of our Vehicles, as determined by us in our discretion, may be deemed a violation of these Rules of Use.
We may immediately suspend or terminate your use of our Vehicles and participation in the Program if you engage in a Prohibited Use, for a violation of any of our other Rules of Use, or if we determine that you have engaged in abusive conduct toward any of our employees, agents, other subscribers, or vendors. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use. In addition, engaging in a Prohibited Use or other violation of this Agreement may void any insurance coverage or other liability protection (to the fullest extent permitted by law).
Who pays for gas?
You pay for your own gas.
How many keys will I receive?
You will receive one master key and fob at the time you receive the Vehicle. GO keeps the additional key on hand in the event of a lost key. In this instance, GO will assist in getting a replacement key made for you and will need the additional key to do so. Lost keys are replaced at your expense.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
The address of your primary residence;
Your email address or mobile phone number;
Your payment method or details;
Eligibility of you or an Additional Driver (i.e., changes in driver’s license status or driving record).
Notifying us of damage to the Vehicle
You are required to notify us when you become aware of any damage to a Vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are in compliance with the terms of the Subscription Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage (as determined by us) to our Vehicles – we simply want you to keep us informed.
To notify us of damage, email us at service@drivego.com and complete the form on our Platform at incident.drivego.com. You will need to enter details of the damage and to take photographs of the incident using the camera on your phone and provide a copy of the GO Incident Report.
What happens if our Vehicle is stolen while in your possession?
Stolen Vehicles must be immediately reported to us and to the proper authorities. Please call us as soon as is reasonably possible by phone at 267-715-1910.
You must deliver to us a copy of the written police or other report for the stolen Vehicle within twenty-four (24) hours at incident.drivego.com and cooperate in all reasonable respects with attempts to recover the stolen Vehicle. We will provide you with a new Vehicle as promptly as possible, subject to availability.
What happens if the Vehicle has a breakdown?
If one of our Vehicles breaks down, immediately ensure that you are in a safe location away from traffic hazards. You should then contact us immediately by phone at 267-715-1910 so that we can get you moving again. If a problem arises that prevents or limits the use of the Vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our hubs, we may provide a replacement vehicle for you to drive, subject to availability. You may have the option to request delivery of a replacement vehicle (which will be subject to a delivery fee) or pick-up the replacement vehicle at our location. If you can safely remain with the Vehicle, we will ask you to remain with your original Vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the Vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and take care of the problem.
If you wish to perform a jump start to one of our Vehicles, you must notify us immediately at the same number set forth above. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our Vehicles, you must follow the owner manual's instructions.
What happens if you have an accident?
In case of an accident involving our Vehicle, which includes property damage or involves any third party, you must obtain an official police report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, visit incident.drivego.com to notify GO and complete an incident report. You will need the following information:
Date, time, and place of accident or incident;
The name, address, date of birth and driver's license number of all people involved (including all drivers, passengers, witnesses and other people involved);
The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
Pictures and/or video of the scene including all cars and property involved in the accident;
The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
A summary of the circumstances of the accident or incident; and
A police report is required, regardless of liability or fault, and should be attached.
If your Vehicle is not drivable, you can contact roadside assistance (see drivego.com/faq for a full list of phone numbers) to have your vehicle towed to a GO authorized repair center. If your Vehicle is towed by any person other than a roadside assistance provider authorized by GO, you will be responsible for any fees that we incur in retrieving the Vehicle. You must pay all costs associated with towing a Vehicle after an accident directly to the provider, and those costs are not applied to the $1000 deductible associated with a damage claim. However, if a damage claim is covered by insurance (“Covered Claim”), these charges may be submitted to the responsible insurance company for reimbursement. GO does not guaranty and is not responsible for reimbursement of these costs.
You also will need to obtain a repair estimate from a vehicle repair shop. You can find a list of our preferred repair centers here. Once received, please email your repair estimate to service@drivego.com. Do not begin repairs until GO has authorized you to do so and has provided billing and other instructions.
You are responsible for the first $1000 in damages (deductible). Once a determination has been made that those damages exceed $1000, GO will charge the deductible payment method(s) on file with your account. If damages are less than $1000, GO will charge the actual amount due including any applicable processing fees.
You agree to cooperate fully with us and any responsible insurance company in the investigation and defense of any claim or lawsuit arising from any accident. You also agree that GO has the sole authority to: (a) report, open, and settle an insurance claim with a responsible insurance company; and (b) handle and direct all communications with the responsible insurance company. We may suspend your subscription and your use of our Vehicles and the Program, in our sole discretion, until any investigation has been concluded.
You acknowledge and agree that any accident involving the Vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation or incur a toll?
You are expected to operate our Vehicles at all times in full compliance with all traffic and safety laws. You are responsible for any violations that occur during your use of our Vehicles, including all toll charges (“Tolls”); and speed limit, stop sign, red light, photo enforcement, parking, toll evasion fees, and other violations (each a “Violation”). You must not leave a Vehicle in a zone which has parking or other restrictions in effect. You are liable for all Tolls and Violations incurred during a Rental Period. You must notify us of any Tolls or Violation notices issued to you or an Additional Driver while operating our Vehicle or found on a Vehicle at the time of pickup of the Vehicle. All unreported Tolls and Violations will be your responsibility if they occur during the time period during which your subscription to use our Vehicle is in effect. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and processing and convenience fees described below), you must pay all Tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid Tolls; or consult local authorities for other payment methods.
Tolls and Violations Generally. If we receive notice of a Toll or Violation, we may either pay the face value of the Toll or Violation plus any fines, fees, or taxes on your behalf and then add the amounts paid plus an administrative fee up to $7.95 per day for each day that you incur a Toll (regardless of the number of Tolls that you incur on that day) or $25 per Violation to your account charges or we may, if permitted by the authority issuing the Toll or Violation, transfer liability for the payment of the face value of the Toll, Violation, fines, fees, and/or taxes to you, and you will then be wholly responsible for all correspondence with the appropriate authority and any amounts due. If we transfer liability for a Toll or Violation to you, we will charge your account an administrative fee of up to $7.95 per day for each day that you incur a Toll Tolls or $25 per Violation. Once paid by us, it may not be possible for you to challenge the penalty or fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our discretion. In the case of speeding notices, we are obligated to pass on the details to the police, who will then contact you directly. You authorize us to release your rental and payment card information to a Provider (defined below) for processing and billing purposes. If we or a Provider pay a Toll or Violation assessed on the Vehicle during a Rental Period, you authorize us or the Provider to: (a) charge all payments and administrative fees to the payment card you used for your subscription; and (b) contact you directly or send invoices regarding any Tolls or Violations incurred by you or assessed against us to our Vehicle during a Rental Period.
Electronic Toll Payment Service. As an alternative to the process described above, the Vehicle may be equipped with the ability to pay tolls electronically through us or a third-party provider (“Provider”). In that case, if a Toll is incurred on the Vehicle, we or the Provider will charge you for the actual cost of the Toll incurred plus: all applicable fees and taxes and service charges, and any payment processing charges and convenience fees on the Fee and Rate Schedule. If we or a Provider charge you for a Toll you believe you paid, you must submit proof of payment to us to be relieved of your obligation to pay us or the Provider.
Vehicles are equipped with a GPS telematics device to ensure proper use (to the extent permitted by law)
We want to offer our subscribers Vehicles that are in great condition. In order to do that, we keep track of how those Vehicles have been used and maintained by our subscribers to the extent permitted by law. This tracking of mileage and usage allows us to be certain that our Vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our Vehicles before urgent action is required and, if permitted by law, allows us to monitor for drivers who are treating our Vehicles in a way that is negligent or is likely to cause abnormally high wear and tear.
Each of our Vehicles is equipped with technology that, to the extent permitted by law, allows us to track its location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES (TO THE EXTENT PERMITTED BY LAW). IN ADDITION, IF PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE.
We expect you to drive responsibly and look after the Vehicles in your possession as a diligent owner might. In the interests of all of our subscribers, we reserve the right to suspend or cancel service for subscribers who persistently treat our Vehicles in a manner that is not consistent with those expectations. If we identify subscribers who repeatedly drive our Vehicles in unusual ways that we deem potentially negligent, who experience damage incidents at an unusually high rate, who fail to report instances of damage that might reasonably be detected, or who act in a manner inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the subscriber an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our subscribers.
Schedule 2 – Fees and rates
You will subscribe to a specific Vehicle inside of the Platform. Your subscription fee will depend on the Vehicle that you select. You will find these rates, as well as the current rates for other fees, in the FAQ during the sign-up process. This Schedule 2 may be updated and replaced from time to time if you return the Vehicle listed below and activate another Vehicle.
Vehicle Information | |
Year/Make/Model/Color | |
VIN | |
License Plate | |
Possession Start (Subscription) Date | |
Mileage Out | |
Allowable Monthly Miles | |
Excess Mileage Rate | |
Insurance Excess Mileage Rate |
One-Time Charges | |
Restocking Fee | |
Vehicle Delivery | |
Sales Tax | |
Other | |
TOTAL ONE-TIME CHARGES |
Monthly Fees | |
Subscription Fee (includes use of the Platform, the Vehicle, routine maintenance, and roadside service) | |
Insurance Fee* | |
Insurance Excess Mileage Fee* | |
Sales Tax & Other Charges | |
TOTAL MONTHLY FEES |
*The Insurance Fee and the Insurance Excess Mileage Fee are collected by us on your behalf and remitted to a third-party insurance provider. The Insurance Excess Mileage Fee applies if the Vehicle travels more than 833 miles in a month.
**The Subscriber is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines. As a convenience, the cost to refuel a Vehicle when returned (without mark-up) will be charged to your account. Similarly, if your Vehicle is equipped with an electronic toll card, any fees (including payment processing and convenience fees) incurred during your possession of the Vehicle will be charged to your account. In addition, if a Vehicle is returned excessively dirty or with evidence (including odors) of pets or smoking/vaping, the Subscriber may be responsible for an additional cleaning fee. See Schedule 1, “Rules of Use” for additional information.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
(By clicking to agree, you acknowledge receipt of this notice.)
( ) I agree
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
( ) I agree
North Carolina
Compliance with Safety Laws.
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Recurring Payment Authorization
Effective March 6, 2023
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Address:
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You authorize regularly scheduled charges to your Payment Account entered in our secure merchant portal. A Payment Account may be a U.S. Bank checking or savings account, a U.S. Bank debit card, or a major credit card (pre-paid cards are not accepted). You will be charged the amount indicated in My Account each billing period. A receipt for each payment will be provided to you and the charge will appear on your statement as a charge from GO Subscription or its affiliates. You agree that no prior notification will be provided prior to the payment being collected. This payment method may also be used for one-time charges associated with your account such as excess mileage, tolls, violations, and all other allowed charges per the Terms & Conditions you have agreed to electronically.
For ACH debits to a checking or savings account, you understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) I understand that GO may, at its discretion, attempt to process the charge again at any time the account remains past-due, and I agree to an additional charge(s) as outlined in the Terms & Conditions for each attempt that is returned NSF, which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this bank account, and I will not dispute any transactions that are associated with the terms of my Subscription Agreement with my bank.
For all credit or debit card transactions, I authorize GO to charge the amount listed above to the credit card provided herein. I agree to pay for this purchase in accordance with the issuing bank cardholder agreement.In the case of a card transaction being declined for any reason I understand that GO may, at its sole discretion, attempt to process the charge again at any time the account remains past-due, and I agree to an additional charge(s) as outlined in the Terms & Conditions for each attempt that is declined payment, which will be initiated as a separate transaction from the authorized recurring payment.
I understand that this Payment Account authorization will remain in effect until I cancel it in writing, and I agree to notify GO in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. I certify that I am an authorized user of this account, and I will not dispute any transactions on any Payment Account that are associated with my Subscription Agreement with my financial institution.
Effective February 14, 2023 to March 6, 2023
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Name {{firstName}} {{lastName}}
Address: [TBD]
You authorize regularly scheduled charges to your Payment Account entered in our secure merchant portal. A Payment Account may be a U.S. Bank checking or savings account, a U.S. Bank debit card, or a major credit card (pre-paid cards are not accepted). You will be charged the amount indicated in My Account each billing period. A receipt for each payment will be provided to you and the charge will appear on your statement as a charge from GO Subscription or its affiliates. You agree that no prior notification will be provided prior to the payment being collected. This payment method may also be used for one-time charges associated with your account such as excess mileage, tolls, violations, and all other allowed charges per the Terms & Conditions you have agreed to electronically.
For ACH debits to a checking or savings account, you understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) I understand that GO may, at its discretion, attempt to process the charge again at any time the account remains past-due, and I agree to an additional charge(s) as outlined in the Terms & Conditions for each attempt that is returned NSF, which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this bank account, and I will not dispute any transactions that are associated with the terms of my Subscription Agreement with my bank.
For all credit or debit card transactions, I authorize GO to charge the amount listed above to the credit card provided herein. I agree to pay for this purchase in accordance with the issuing bank cardholder agreement.In the case of a card transaction being declined for any reason I understand that GO may, at its sole discretion, attempt to process the charge again at any time the account remains past-due, and I agree to an additional charge(s) as outlined in the Terms & Conditions for each attempt that is declined payment, which will be initiated as a separate transaction from the authorized recurring payment.
I understand that this Payment Account authorization will remain in effect until I cancel it in writing, and I agree to notify GO in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. I certify that I am an authorized user of this account, and I will not dispute any transactions on any Payment Account that are associated with my Subscription Agreement with my financial institution.
Insurance
Effective March 25, 2024
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Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Note: For avoidance of doubt, in the event coverage is denied (in whole or in part) because of instances related to the Exclusions stated in Section 6 of the Terms & Conditions (see excerpt below in the section titled 6. Insurance; Indemnification), you will be responsible for any costs not covered for the loss or damage to GO’s vehicle, 3rd party damage and 3rd party liability.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 of the Subscription Agreement Terms and Conditions for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1 of the Subscription Agreement Terms and Conditions.
State Variations. Insurance requirements may vary by your state of residence. See Schedule 3 of the Subscription Agreement Terms and Conditions for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 of the Subscription Agreement Terms and Conditions does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 of the Subscription Agreement Terms and Conditions does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC(or designee)
PO Box421669
Atlanta, GA 30342
PO Box421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-333.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC(or designee)
PO Box421669
Atlanta, GA 30342
PO Box421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC(or designee)
PO Box421669
Atlanta, GA 30342
PO Box421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
Effective February 20, 2023 to March 25, 2024
DownloadTable of Contents
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Note: For avoidance of doubt, in the event coverage is denied (in whole or in part) because of instances related to the Exclusions stated in Section 6 of the Terms & Conditions (see excerpt below in the section titled 6. Insurance; Indemnification), you will be responsible for any costs not covered for the loss or damage to GO’s vehicle, 3rd party damage and 3rd party liability.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 of the Subscription Agreement Terms and Conditions for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1 of the Subscription Agreement Terms and Conditions.
State Variations. Insurance requirements may vary by your state of residence. See Schedule 3 of the Subscription Agreement Terms and Conditions for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 of the Subscription Agreement Terms and Conditions does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 of the Subscription Agreement Terms and Conditions does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of your negligence.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC(or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina
Compliance with Safety Laws:
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax:
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts.
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective February 14, 2023 to February 20, 2023
DownloadTable of Contents
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Note: For avoidance of doubt, in the event coverage is denied (in whole or in part) because of instances related to the Exclusions stated in Section 6 of the Terms & Conditions (see excerpt below in the section titled 6. Insurance; Indemnification), you will be responsible for any costs not covered for the loss or damage to GO’s vehicle, 3rd party damage and 3rd party liability.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 of the Subscription Agreement Terms and Conditions for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1 of the Subscription Agreement Terms and Conditions.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 of the Subscription Agreement Terms and Conditions for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 of the Subscription Agreement Terms and Conditions does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 of the Subscription Agreement Terms and Conditions does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective August 19, 2022 to February 14, 2023
DownloadTable of Contents
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Note: For avoidance of doubt, in the event coverage is denied (in whole or in part) because of instances related to the Exclusions stated in Section 6 of the Terms & Conditions (see excerpt below in the section titled 6. Insurance; Indemnification), you will be responsible for any costs not covered for the loss or damage to GO’s vehicle, 3rd party damage and 3rd party liability.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 of the Subscription Agreement Terms and Conditions for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1 of the Subscription Agreement Terms and Conditions.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 of the Subscription Agreement Terms and Conditions for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 of the Subscription Agreement Terms and Conditions does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 of the Subscription Agreement Terms and Conditions does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
Taken from the GO Subscription Terms & Conditions. Click here for the full Subscription Agreement Terms & Conditions.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective August 18, 2022 to August 19, 2022
DownloadTable of Contents
Insurance
Taken from the GO Subscription Terms & Conditions. Click here for the full Terms & Conditions.
Note: For avoidance of doubt, in the event coverage is denied (in whole or in part) because of instances related to the Exclusions stated in Section 6 of the Terms & Conditions (see excerpt below in the section titled 6. Insurance; Indemnification), you will be responsible for any costs not covered for the loss or damage to GO’s vehicle, 3rd party damage and 3rd party liability.
6. Insurance; Indemnification
Insurance. You agree to pay a monthly fee described in Schedule 2 of the Subscription Agreement Terms and Conditions for liability protection under a fleet automobile policy issued to GO, as well as collision and comprehensive coverage of an Activated Vehicle. Your monthly fee will vary depending upon the level of coverage that you select and is subject to change following an annual review if the total Initial and Renewal Rental Periods for a Vehicle is 12 Calendar Months or more. You acknowledge and agree that we will remit the monthly fee to the insurance provider on your behalf and are not engaged in the sale of insurance. Subject to the terms of this Agreement and the insurance policy (the “Policy”) which provides coverage, each Vehicle will be insured beginning upon activation of the Vehicle and terminating at the end of the final Rental Period for that Vehicle. The Policy provides the following coverages and limits:
- Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) coverage with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- OR: At your option, you may select third party liability and UM/UIM coverage with limits of (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Medical payments with limits of $1,000 or the minimum amount required by the law of the state whose laws apply to the loss—whichever is higher.
- Unless required by law, liability insurance excludes any protection afforded under: (a) first party benefits; or (b) personal injury protection (“PIP”); and (c) no-fault. If we are required by law to provide PIP or no-fault benefits, you expressly accept such protections in the minimum limits with the maximum deductible and expressly waive and reject PIP and no-fault benefits in excess of the minimum limits required by law.
- Collision and Comprehensive coverage for the full value of the activated Vehicle (often referred to as replacement cost).
- Deductible of $1,000.
Exclusions. The Policy does not cover liability for bodily injury or property damage or damage to or loss of our Vehicles or provide UIM/UM or medical payment benefits that arises out of any “Prohibited Uses” of the Vehicle described in the Rules of Use in Schedule 1 of the Subscription Agreement Terms and Conditions.
State Variations. Insurance requirements may vary by state in which a Vehicle is picked up or delivered. See Schedule 3 of the Subscription Agreement Terms and Conditions for location-specific information.
Indemnification by You. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement, from the rental transaction, or the use of the Vehicle by you or any other person.
7. Responsibility to third parties and responsibility for damage to or loss of Vehicles
You agree that you are responsible for any and all loss, injury, and damage that is caused by our Vehicles during a Rental Period, Your responsibility will include the full value of any damages or injuries caused to third parties or their property to the extent the insurance described in Section 6 of the Subscription Agreement Terms and Conditions does not cover such damages or injuries, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise.
In addition, you are responsible for all loss of or damage to a Vehicle during a Rental Period resulting from any cause, including collision, rollover, theft, vandalism, road condition, weather, or acts of nature. Subject to state law, your responsibility includes the following (to the extent the coverage described in Section 6 of the Subscription Agreement Terms and Conditions does not cover the damages or loss, regardless of the reason for such non-coverage, whether because of your breach of this Agreement, your obligation to pay a deductible, or otherwise) , (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which shall be measured by multiplying the prorated daily rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. For purposes of this Agreement, “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss, and "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the Rental Period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees.
8. Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES OR YOUR PARTICIPATION IN THE PROGRAM (TO THE EXTENT PERMITTED BY LAW). Without limiting the foregoing, to the fullest extent permitted by law, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our Vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, any Additional Driver or any other third party arising from the use of one of our Vehicles, (3) any loss or damage incurred by you or any Additional Driver as a result of any claims made by a third party or (4) any loss or damage incurred by you or any Additional Driver arising from or in relation to either (A) the non-availability, supply, operation or use of one of our Vehicles or (B) any accessories in or to one of our Vehicles, whether supplied by us or by you or such Additional Driver (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you or such Additional Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or our failure to carry out our responsibility.
Taken from the GO Subscription Terms & Conditions. Click here for the full Terms & Conditions.
Schedule 3 – Location-Specific Information
You acknowledge that you have received, read, understand and agree to the following county, state or location specific disclosures, notices and terms and conditions. You are advised to review this paragraph before subscribing to, picking up, or operating a Vehicle in the locations set forth below. These disclosures, notices and terms and conditions may modify or replace, as applicable, your obligations set forth in Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above. In the event of a direct conflict between Sections 1 – 16 of the Terms and Conditions or Schedules 1 or 2 above and this Schedule 3, this Schedule 3 will govern.
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Addendum
Effective March 25, 2024
DownloadTable of Contents
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour.In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
Effective May 1, 2023 to March 25, 2024
DownloadTable of Contents
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of New Jersey insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour.In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
Effective May 1, 2023 to May 1, 2023
DownloadTable of Contents
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of New Jersey.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour.In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
Effective March 7, 2023 to May 1, 2023
DownloadTable of Contents
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour.In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
Effective February 21, 2023 to March 7, 2023
DownloadTable of Contents
New Jersey
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
New Jersey Child Restraint System Notice:
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour.In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
Effective November 2, 2022 to February 21, 2023
DownloadTable of Contents
New Jersey
Notice: New Jersey requires that every child (1) under 2 years of age and weighing less than 30 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness, (2) under 4 years of age and weighing less than 40 pounds be transported in a rear facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight) or in a forward facing child passenger restraint system equipped with a five-point harness, and (3) under 8 years of age and less than 57 inches in height be transported in a forward facing child passenger restraint system equipped with a five-point harness (until the child outgrows the manufacturer’s recommended top height or weight, at which point the child shall be secured in a rear booster seat) or in a booster seat. If a motor vehicle does not have rear seats, current law requires a child to be secured in a child passenger restraint system or booster seat in the front seat. But if the vehicle without rear seat is equipped with a passenger-side airbag, the law prohibits a child from being secured in a rear facing restraint system in the front seat unless the airbag is disabled or turned off. You are responsible for supplying a child safety seat or renting one from us.
Telematics Notice and Consent:
Each of our Vehicles is equipped with technology that, to the fullest extent permitted by New Jersey law, allows us to track its mileage and location and that informs us when certain driving events occur. For example, the technology may inform us when an extreme driving event occurs, such as a Vehicle exceeding 100 miles per hour. In addition, GO RESERVES THE RIGHT TO USE TELEMATICS DEVICES OR OTHER TECHNOLOGY TO DISABLE THE IGNITION IF YOU FAIL TO MAKE ANY PAYMENTS WHEN DUE. See Schedule 1 – The Rules of Use for additional information on telematics. BY CLICKING TO AGREE, YOU CONSENT TO TRACKING DESCRIBED ABOVE AND IN SCHEDULE 1 OF THIS AGREEMENT - THE RULES OF USE.
North Carolina Addendum
Effective March 7, 2023
DownloadTable of Contents
North Carolina
Compliance with Safety Laws
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts
Effective November 2, 2022 to March 7, 2023
DownloadTable of Contents
North Carolina
Compliance with Safety Laws
You must comply fully with applicable safety laws, including adult and child restraint laws. It is unlawful in North Carolina to pass a school bus that is stopped and receiving or discharging passengers. You must stop for and not pass school vehicles that are picking up or dropping off passengers.
City and County Tax
North Carolina counties and cities may each enact a tax of 1.5% of the total rental cost, excluding highway use tax. If indicated on your billing information, this amount is charged as a tax on gross receipts
Florida Addendum
Effective March 25, 2024
DownloadTable of Contents
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-3336.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
Effective March 7, 2023 to March 25, 2024
DownloadTable of Contents
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
Effective February 21, 2023 to March 7, 2023
DownloadTable of Contents
Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
Effective November 2, 2022 to February 21, 2023
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Florida
Insurance
The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021(7) and 627.736, Florida Statutes.
Upon execution of this Agreement, you must purchase a full-coverage insurance policy covering the Activated Vehicle with the coverage specified below. Acceptable proof of coverage must be provided to GO before you may operate the Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
Minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with uninsured motorist coverage included;
- Third-party liability with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
6526 S Kanner Hwy, Suite 240
Stuart, FL 34997
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Failure to Return Vehicle
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
Delaware Addendum
Effective February 21, 2023
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Delaware
Insurance
Our liability insurance coverage does not extend to passengers in the Vehicle for injuries or damage sustained as a result of your negligence.
Texas Addendum
Effective March 25, 2024
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Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 421669
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-33360.
Effective March 25, 2024 to March 25, 2024
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Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
PO Box 30342
Atlanta, GA 30342
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to notices@verifacto.com or faxed to 866-566-33360.
Effective May 1, 2023 to March 25, 2024
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Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Texas insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective May 1, 2023 to May 1, 2023
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Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Texas.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective March 7, 2023 to May 1, 2023
DownloadTable of Contents
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Effective February 21, 2023 to March 7, 2023
DownloadTable of Contents
Texas
Insurance:
On or before the date that your first Vehicle is activated, and until you return all Activated Vehicles at the conclusion of this Agreement, you must, at your cost and expense, procure and continue in force a full-coverage insurance policy covering the Activated Vehicle(s) with the coverage specified below (which we may modify from time to time as provided in Section 11 of the Terms and Conditions). Acceptable proof of coverage must be provided to GO before you may operate an Activated Vehicle. All coverage must be for State of Florida insurance, issued by a company licensed by the State Department of Financial Services in the State of Florida.
As of the Version Date of the Agreement, minimum required coverages and amounts are as follows:
- Collision and Comprehensive coverage for the full value of the Activated Vehicle (often referred to as replacement cost), with Uninsured/Underinsured (“UM/UIM”) motorist coverage included;
- For all vehicles, except Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $50,000 liability coverage per accident for bodily injury to or death of one individual; (B) $100,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $50,000 per accident for injury to or destruction of property.
- For Tesla Model Y, Chevrolet Suburban, or Jeep Wagoneer vehicles: Third-party liability and Uninsured/Underinsured motorist (“UM/UIM”) with limits of: (A) $100,000 liability coverage per accident for bodily injury to or death of one individual; (B) $300,000 liability coverage per accident for bodily injury to or death of more than one individual; and (C) $100,000 per accident for injury to or destruction of property.
- Personal Injury Protection (“PIP”), or "no-fault" coverage must be included as part of the insurance, to the minimum level required by law;
- Maximum deductibles of $500;
- Any additional coverages as required by law.
Coverage must remain in force on the Activated Vehicle until you return the vehicle to GO. All insurance policies must cover anyone who may operate the Activated Vehicle for any reason. GO must be listed as an additional insured and the primary loss payee as follows:
GO Titling, LLC (or designee)
2114 SE Ray’s Way, Suite C
Stuart, FL 34994
The insurance policy must provide that we receive a minimum of 10-days’ notice of any changes or cancellations. If at any time the insurance coverage is removed or reduced to non-acceptable levels prior to the termination of the Subscription Period, GO may, at our sole discretion (i) terminate your Subscription Agreement and demand the immediate return of its vehicle at your expense or (ii) obtain insurance to protect its interest in the Activated as required or allowed by law, in which case you agree to pay GO or our assignee for the cost of any such policy plus applicable fees. GO or its designee will be entitled to any insurance proceeds to damage to, theft, destruction to or loss of, the Activated Vehicle. If you fail to maintain the required insurance coverage or if the insurer does not pay a claim for any reason, you are responsible for damage to, theft of, destruction to and loss of, the Activated Vehicle and any losses we incur plus applicable administration fees.
Proof of insurance coverage should be emailed to insurance@drivego.com or faxed to 888-393-6010.
Wear and Tear Guidelines
Effective May 10, 2023
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Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Smoking
Any evidence of smoking in our vehicles is considered excess wear and will be subject to an additional cleaning fee.
Pets
Pet hair, dander are considered excess wear and are subject to an additional cleaning fee
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Cleanliness
- Normal: Interior requires a light vacuuming and wipe down of interior cabin.
- Excess: A full detail is required, removal of trash, food remains are evident, persistent odors exist.
Exterior
Scratches and Scuffs
- Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
- Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
Effective May 10, 2023 to May 10, 2023
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Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Smoking
Any evidence of smoking in our vehicles is considered excess wear and will be subject to an additional cleaning fee.
Pets
Pet hair, dander are considered excess wear and are subject to an additional cleaning fee
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Cleanliness
- Normal: Interior requires a light vacuuming and wipe down of interior cabin.
- Excess: A full detail is required, removal of trash, food remains are evident, persistent odors exist.
Exterior
Scratches and Scuffs
- Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
- Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
Effective March 16, 2023 to May 10, 2023
DownloadTable of Contents
Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Smoking
Any evidence of smoking in our vehicles is considered excess wear and will be subject to an additional cleaning fee.
Pets
Pet hair, dander are considered excess wear and are subject to an additional cleaning fee
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Exterior
Scratches and Scuffs
- Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
- Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
Effective October 24, 2022 to March 16, 2023
DownloadTable of Contents
Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Smoking
- Any evidence of smoking in our vehicles is considered excess wear and will be subject to an additional cleaning fee
Pets
- Pet hair, dander are considered excess wear and are subject to an additional cleaning fee
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Exterior
Scratches and Scuffs
Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
- Excess: Missing equipment, broken parts, and accessories (i.e. owners manual, charging cables, keyfobs etc.)
Effective September 29, 2022 to October 24, 2022
DownloadSummary of changes
Updated Interior section with Smoking and Pets information.
Table of Contents
Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Smoking
- Any evidence of smoking in our vehicles is considered excess wear and will be subject to an additional cleaning fee
Pets
- Pet hair, dander are considered excess wear and are subject to an additional cleaning fee
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Exterior
Scratches and Scuffs
Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
- Excess: Missing equipment, broken parts, and accessories (i.e. owners manual, charging cables, keyfobs etc.)
Effective August 19, 2022 to September 29, 2022
DownloadTable of Contents
Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Exterior
Scratches and Scuffs
Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
- Excess: Missing equipment, broken parts, and accessories (i.e. owners manual, charging cables, keyfobs etc.)
Effective August 18, 2022 to August 19, 2022
DownloadTable of Contents
Wear and Tear Guidelines
Mileage
Your allowable mileage was determined at the beginning of the subscription. Please refer to the Terms and Conditions agreement to confirm the maximum number of miles you may drive. If the mileage on the vehicle exceeds your allowable mileage, you will be charged a per-mile fee in accordance with your that agreement.
Wear
Normal wear can include a few small door dings, chips or scratches and is not charged to you. These are expected from the normal use of a vehicle. Excess wear may include items such as dents, cracks in glass, tears in the upholstery or poor quality repairs. These are not expected from the normal use of a vehicle and they may warrant charges. Please refer to the detailed information below.
Tires
Tire tread must be 4/32” or greater. Use a penny to determine if the tire tread meets our requirements by placing the coin upside-down in the lowest tread on the tire. If the tread passes Lincoln’s face, the tread should be acceptable.
Wheels
Two scratches that are less than 3” on a wheel may be considered normal, however any scratches 3” or greater would be considered excessive.
Minor Scratches
A few small scratches are normal and acceptable on a used vehicle. These can usually be buffed out easily during a routine vehicle reconditioning.
Excess Scratches
Multiple scratches or scratches that break the paint are much more difficult and costly to repair. This would be considered excess wear and you may be charged for the damages.
Excess Wear and Tear
Please refer to the detailed information below to determine if your vehicle has excess wear.
Normal versus Excess Wear and Tear
Interior
Stains
- Normal: Removable spots/marks
- Excess: Stains that cannot be removed and require the interior section to be replaced
Tears
- Normal: Cuts, tears, and/or rips on floor mats
- Excess: Cuts, tears, and/or rips on carpet, upholstery, or interior
Burns
- Normal: Burns on floor mats
- Excess: Burns on carpet, upholstery, or interior sections
- Power Equipment
- Normal: N/A
- Excess: Non-operational, malfunctioning equipment or missing equipment
Exterior
Scratches and Scuffs
- Normal: Scratches that do not break the paint that can be buffed out during vehicle reconditioning, or scratches that break the paint that are less than 4” in length (maximum of three per panel)
- Excess: Scratches that break the paint that are 4” or more in length
Dents and Dings
- Normal: Dents and dings that do not break the paint that are less than 2” in diameter (maximum of two per panel)
- Excess: Dents and dings that do not break the paint of any size that occur more than three times on one panel, or any number of dents and/or dings that do not break the paint that are more than 2” in diameter
Chips
- Normal: 10 or less chips measuring less than 1/8”
- Excess: 11 or more chips measuring less than 1/8”
Rust and Corrosion
- Normal: N/A
- Excess: Any visible rust and/or corrosion
Glass and Lenses - Cracked, Chipped, Broken
- Normal: One chip less than or equal to 1/4” in diameter, not in the drivers line of sight
- Excess: Two or more chips less than or equal to 1/4” in diameter; any chips, crack, or scratches (not able to be buffed) greater than 1/4” in diameter; or any chips, scratches, and cracks in the drivers line of sight
Tires
- Normal: Tread depth 4/32” or greater, and all tires must meet Go’s and Manufacturer’s size and rating (speed and seasonal)
- Excess: Tread depths less than 4/32”; tires that do not meet Go’s and Manufacturer’s standards for size and/or rating (speed and seasonal); mismatched tires (other than brand); or dry rot, cupped, cut, or sidewall plugs
Wheels
- Normal: Scratches, gouges, chips, or dents less than 3” per wheel (maximum of two per wheel)
- Excess: Any bent or broken part, missing or corroded wheel covers; mismatched wheels; three or more scratches, gouges, or dents per wheel.
Mechanical & Electrical
- Normal: N/A
- Excess: Missing, non-operational, or malfunctioning equipment; replacement part(s) that do not meet go’s and Manufacturer’s specifications; substandard repairs
Vehicle Maintenance
- Normal: Vehicle should be maintained according to Terms and Conditions as well as the specific vehicle maintenance requirements
- Excess: Failure to replace maintenance items if they are dirty, low, worn, or not in working order
Missing & Broken Parts
- Normal: Vehicle should be returned with equipment and accessories that were in the vehicle at subscription start and must be in good working order
- Excess: Missing equipment, broken parts, and accessories (i.e. owners manual, charging cables, keyfobs etc.)
Website Terms of Use
Effective August 19, 2022
DownloadTable of Contents
Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Go Subscription’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Go Subscription’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Go Subscription at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Go Subscription’s web site are provided “as is”. Go Subscription makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Go Subscription does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Go Subscription or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Go Subscription’s Internet site, even if Go Subscription or a Go Subscription authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Go Subscription’s web site could include technical, typographical, or photographic errors. Go Subscription does not warrant that any of the materials on its web site are accurate, complete, or current. Go Subscription may make changes to the materials contained on its web site at any time without notice. Go Subscription does not, however, make any commitment to update the materials.
Links
Go Subscription has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Go Subscription of the site. Use of any such linked web site is at the user’s own risk.
Site Terms of Use Modifications
Go Subscription may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Go Subscription’s web site shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
Effective August 18, 2022 to August 19, 2022
DownloadTable of Contents
Website Terms of Use
Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Go Subscription’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Go Subscription’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Go Subscription at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Go Subscription’s web site are provided “as is”. Go Subscription makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Go Subscription does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Go Subscription or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Go Subscription’s Internet site, even if Go Subscription or a Go Subscription authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Go Subscription’s web site could include technical, typographical, or photographic errors. Go Subscription does not warrant that any of the materials on its web site are accurate, complete, or current. Go Subscription may make changes to the materials contained on its web site at any time without notice. Go Subscription does not, however, make any commitment to update the materials.
Links
Go Subscription has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Go Subscription of the site. Use of any such linked web site is at the user’s own risk.
Site Terms of Use Modifications
Go Subscription may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Go Subscription’s web site shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.