Terms of service

Last revised: March 27, 2019

Thank you for your interest in Nativivo! Please read these Terms of service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations in your region.

INTRODUCTION

Nativivo (Cityresources Inc.), for and on behalf of its subsidiaries (collectively, “Nativivo”, “we”, or “us”), provides an online on-demand sharing platform that connects locals with travelers and locals seeking to book those vehicles. Nativivo is accessible online including at nativivo.com and as an application for mobile devices. Nativivo’s websites, blog, and mobile applications and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Nativivo users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Nativivo.

These Terms, together with Nativivo’s Privacy Policy, the “Agreement” between you and Nativivo (each a “Party” and together, “the Parties”).

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

If you have any questions for us concerning the Agreement, or Nativivo generally, please contact us at support@nativivo.com. For all other regions, direct questions related to protection plans to support@nativivo.com.

GENERAL TERMS

Eligibility. Our Services are intended solely for persons who are 21 or older. Any use of the Services by anyone under 21 is expressly prohibited.

Registration. To access certain features of the Services, you must sign up for an account with us (a “Nativivo Account”) by either providing us your email address or phone number and creating a password or connecting through an account with a third-party site or service (including Facebook and Google).

Verification. When you list or book an item or service, you provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Provider”. You promise to provide complete and accurate information to Nativivo about yourself and your listings, if applicable. Where permitted, Nativivo has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and listings, including driver’s license validity. Nativivo does not endorse any listings, user, or a user’s background, or commit to undertake any specific screening process. Nativivo may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Nativivo to request, receive, use, and store such information. Nativivo may accept or reject your application to become an Approved provider in its sole and absolute discretion. Nativivo may, but does not commit to, undertake efforts to ensure the safety of listings shared through the Services. We do not make any representations about, confirm, or endorse the safety any listings beyond our policies that require providers to ensure their listings are in legitimate and safe, operable condition, legally registered, have a clean (non-salvaged/non-branded/non-washed/non-written off) title, not subject to any applicable safety recalls.

Consumer Report Authorization. When you apply to become an Approved Provider or at any time after where Nativivo reasonably believes there may be an increased level of risk associated with your Nativivo Account, you provide Nativivo with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business credit report and/or conduct a background check, including a criminal background check where permissible under applicable law.

Ongoing Information Updates. You promise to update the information you have provided to Nativivo in the event of any changes, contact information, or background. Specifically with respect to your contact information, Nativivo may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are, and will be solely responsible for, all of the activity that occurs through your Nativivo Account, so please keep your password and Nativivo Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Nativivo Account, whether or not you have authorized such activities or actions. You will immediately notify Nativivo of any actual or suspected unauthorized use of your Nativivo Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Nativivo Account after you have reported unauthorized access to us.

Your Commitments. You agree that you will always use your Nativivo Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Nativivo. As a provider or host (“host”), you commit that you will provide a legitimate and safe items or services, or a legally registered and insured vehicle, with a clean (non-salvage/branded/written off) title, in good mechanical condition. As a guest, you commit that you will treat the item and any applicable Extras well and will take all reasonable measures to return the item and any applicable Extras on time and in essentially the same condition as received and will be a legally licensed if the item needs operating certificate or license required. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

• breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third party rights;
• post false, inaccurate, misleading, defamatory, or libelous content;
• infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Nativivo, or that comes from the Services and belongs to another Nativivo user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Nativivo;
• Dilute, tarnish, or otherwise harm the Nativivo brand in any way, including:
• through unauthorized use of Nativivo and/or user content;
• registering and/or using Nativivo or derivative terms in domain names, trade names, trademarks, or otherwise;
• registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Nativivo domains, trademarks, taglines, promotional campaigns, or Nativivo and/or user content.

Provide or submit any false information, including:

• false name, date of birth, driver’s license, passport, photo ID, payment method, credit card, insurance, or other personal information;
• a claim, or respond to a claim (for example about damage to an item), with false or misleading information;
• offer, as an owner, any item or optional Extra that you do not yourself own or have authority to share;
• offer, as an owner, any item that may not be shared for compensation pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
• offer, as an owner, any item that has a salvaged, branded, written off, washed, or unclean title or that is not safe, legally registered, or not insured to be driven on public roads;
• offer, as an owner, any Extra that is not safe, clean, and acceptable for the use it is intended;
• book or drive any vehicle without a valid driver’s license;
• any listing with false or misleading information, or any listing with a price that you do not intend to honor; register for a Nativivo Account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

Fail to honor your commitments, including:

• fail to pay fees, penalties, or other amounts owed to Nativivo or another user;
• fail, as either a guest or host, to timely deliver, make available, or return any item and optional Extras, unless you have a valid reason as set out in our Policies;
• use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Nativivo’s provision of the Services or for any other reasons (aka, gray market transactions);
• transfer your Nativivo Account and/or user ID to another party without our consent;
• allow anyone other than an Approved Driver with whom you are traveling to drive the vehicle you have booked;
• list or provide to a guest a vehicle that is subject to a safety recall without first properly addressing the matter subject to the recall;
• leave a room and house, place, vehicle unlocked or running or unattended with the keys inside, except where instructed to do so directly by Nativivo in certain limited circumstances.

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

• “stalk” or harass any other Nativivo user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Nativivo owner or guest in accordance with these Terms;
engage in physically or verbally abusive or threatening conduct;
• use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
• treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Nativivo community;

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

• contact a host for any purpose other than in relation to a booking or said host’s vehicle(s) or listing(s);
• contact a guest for any purpose other than in relation to a booking or such guest’s use of the Services;
• commercialize any content found on Nativivo or software associated with our Services, including reviews;
• harvest or otherwise collect information about users without their and our consent;
• recruit or otherwise solicit any user to join third party services or websites that are competitive to Nativivo, without Nativivo’s prior written approval;

Interfere with the operation of the Services, including by:

• interfering with any other user’s listings;
• entering into a Nativivo transaction with a member of your family, household, friend, colleague, or acquaintance;
• distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Nativivo or the interests or property of others;
• bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
• systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
• using display mirroring or framing the Services or any individual element within the Services, Nativivo’s name, any Nativivo trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Nativivo’s express written consent;
• accessing, tampering with, or using non-public areas of the Services, Nativivo’s computer systems, or the technical delivery systems of Nativivo’s providers;
• attempting to probe, scan, or test the vulnerability of any of Nativivo’s system or network or breach any security or authentication measures;
• avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Nativivo or any of Nativivo’s providers or any other third party (including another user) to protect the Services;
• forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
• attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or endeavoring to circumvent a suspension, termination, or closure of your Nativivo Account, including, but not limited to, creating a new Nativivo Account to circumvent an account suspension or closure or giving vehicles registered to you or a member of your household to other Nativivo users to list.

Violations. Nativivo has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law. Nativivo may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Nativivo or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of Nativivo, its employees, its users, or members of the public.

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

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

Fees; Collection of Fees. The fees we charge for using our Services and other cost structures can be found on our Policy Pages. When you provide Nativivo a payment method, you authorize Nativivo, or third-party service providers acting on Nativivo’s behalf, to store your payment credential for future use in the event you owe Nativivo any money. You authorize Nativivo to use stored payment credentials for balances, including for Trip Costs, payment, fines and fees (e.g., late fees, security deposits, processing fees and claims costs and related administrative fees). Nativivo and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. Nativivo, or the collection agencies we retain, may also report information about your Nativivo Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Nativivo Account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Nativivo by you. Such communication may be made by Nativivo or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Nativivo reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact support@nativivo.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Nativivo Account, you must contact the collection agency directly.

Communications with You. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Nativivo Account or Nativivo Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Nativivo is required to obtain your consent for such communications, you may choose to revoke your consent. You authorize Nativivo and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Nativivo or its agents for quality control and training purposes. You acknowledge and understand that your communications with Nativivo may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through support@nativivo.com.