Terms & COnditions

Last updated April 18, 2025

AGREEMENT TO OUR LEGAL TERMS

We are NCP Mobility, Inc. ("Company," "we," "us," "our"), a company registered in North Carolina, United States at 101 N. Tryon St. Suite 1350 , Charlotte, NC 28202.

We operate the mobile application NCP Mobility (the "App") and the website located at www.ncpmobility.com, as well as any other related websites, products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at info@ncpmobility.com or by mail to 101 N. Tryon St. Suite 1350 , Charlotte, NC 28202, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and NCP Mobility, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to modify these Legal Terms at any time. All changes will be effective immediately upon posting to the Services and, by accessing or using the Services after changes are posted, you agree to those changes.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

YOU AGREE AND ACKNOWLEDGE THAT YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS, THE LEGAL TERMS, AND ANY TERMS IN THE APP MAY RESULT IN OUR TERMINATION OF THE SERVICES AND ADDITIONAL FEES AS SET FORTH IN THE FEE SCHEDULE, BASED ON SUCH FAILURE.  UPON TERMINATION, YOU WILL LOSE ALL FEATURES AND FUNCTIONALITIES OF THE SERVICES AND ANY OUTSTANDING FEES INCURRED DUE TO NON-COMPLIANCE MUST BE PAID

 

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PURCHASES AND PAYMENT

6. PROHIBITED ACTIVITIES

7. USER GENERATED CONTRIBUTIONS

8. CONTRIBUTION LICENSE

9. GUIDELINES FOR REVIEWS

10. MOBILE APPLICATION LICENSE

11. THIRD-PARTY WEBSITES AND CONTENT

12. SERVICES MANAGEMENT

13. PRIVACY POLICY

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW

17. DISPUTE RESOLUTION

18. CORRECTIONS

19. DISCLAIMER

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

24. SMS TEXT MESSAGING

25. CALIFORNIA USERS AND RESIDENTS

26. MISCELLANEOUS

27. CONTACT US

28. TERMS APPLICABLE TO THE NCP MOBILITY AUTOMATED VEHICLE PARKING SERVICE

29. TERMS APPLICABLE TO THE NCP MOBILITY SHARED VEHICLE PROGRAM

FEE SCHEDULE

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@ncpmobility.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.  Please review the “USER GENERATED CONTRIBUTIONS” and “CONTRIBUTIONS LICENSE” sections for further information regarding Contributions.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

  • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright Infringement:  If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and

  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The designated agent for notice of copyright infringement claims may be reached as follows:

DMCA Agent Info:

Vice President

NCP Mobility, Inc.

101 N. Tryon St.

Suite 1350

Charlotte,  NC  28202

Phone: 313-548-7798

Email: info@ncpmobility.com

 

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.  All other inquiries, such as questions related to the Services and requests or concerns regarding improper content, will not receive a response through this process.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

-  Visa

-  Mastercard

-  American Express

-  Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. In the event of a declined payment, you will be charged a $25 fee to cover administrative costs and processing fees associated with the declined transaction, in addition to any outstanding amount owed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services.

  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

7. USER GENERATED CONTRIBUTIONS

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

8. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

9. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

10. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: http://www.ncpmobility.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Any provisions of these Legal Terms that are intended to survive termination (including any provisions regarding confidentiality, indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Legal Terms or of your access to or use of the Service.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Mecklenburg County, North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Mecklenburg County, North Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS AND “WITH ALL FAULTS.” YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) REPRESENTATIONS OR GUARANTEES (PAST, PRESENT, OR FUTURE) CONCERNING THE CONDITION, STATE OF REPAIR, SUITABILITY, OR SECURITY OF ANY LOCATION ACCESSED OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES; (4) DIRECT OR INDIRECT DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR, YOUR GUESTS’ AND ANY THIRD PARTIES’ ACTIONS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY CRIMINAL OR ILLEGAL ACTIVITY , (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (8) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) damage to any real or personal property resulting from your actions or omissions, or the actions or omissions of any of your guests; (7) any harmful act committed by you or your guests toward any other person or user of the Services with whom you connected via the Services; or (8) any illegal or criminal activity by you, your guests, or third parties in connection with the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at info@ncpmobility.com.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

 

NCP Mobility, Inc.

101 N. Tryon St. Suite 1350

Charlotte, NC 28202

United States

info@ncpmobility.com

 

28.  Terms Applicable to the NCP Mobility Automated Vehicle Parking Service

(a)        Automated Parking Services. Your reservation of a parking space at the applicable parking facility (the Facility”) offers you the ability to park vehicles owned or leased by you (“Vehicles”) in the Facility for the period of time defined in the reservation, solely for the purpose of parking and for no other purpose.  You acknowledge and agree that we may revoke this permission at any time in our sole discretion. You shall not use the Facility beyond the scope of permission granted in these Legal Terms.  Nothing contained herein shall provide you with the right to use any other adjacent properties or properties owned by us or in our control.

(b)       Your Representations and Warranties.  You represent, warrant, and covenant that: (a) the Vehicle you park in the Facility is and will be current with all state and local registrations during the applicable reservation period; (b) the insurance coverages required under the Vehicle’s state of registration are in place and current during the applicable reservation period; (c) you and any of your guests will not engage in any criminal or illegal activity in the Facility or areas adjacent thereto that are owned by us or under our control, or make a nuisance or trespass onto other adjacent real property; and (d) you have investigated our service offering to determine the suitability of the Facility for your Vehicle and your purposes.

(c)        Your Responsibilities and Prohibited Uses.  You shall abide by all applicable laws and regulations, as well as any rules imposed from time to time by us pertaining to your use of the Facility.  You will keep your Vehicle in good repair and free of leaks of oils or liquids.  No repairs of any type or the washing of your Vehicle is allowed in the Facility or anywhere adjacent thereto   You are not permitted to remain in the Vehicle overnight, or otherwise or keep pets in the Vehicle while in the Facility.  Further, you are not allowed to access areas other than the Facility for ingress and egress to and from your Vehicle other than as instructed by us.  Vehicles that contain livestock, hazardous materials, hazardous waste, or materials capable of posing an unreasonable risk to health, safety, and property are prohibited from the Facility. 

(d)       Disclaimer of Liability. In addition to the disclaimers and limitations of liability elsewhere in these Legal Terms, you acknowledge and agree that, by using the Facility, we shall not be liable for any damage to, theft of, or loss of your vehicle or any personal property left within the Vehicle while it is in the Facility. This disclaimer of liability includes, but is not limited to: (i) damage caused by malfunctions or failures of the automated parking system or Facility; (ii) damage resulting from the actions or omissions of your guests,  other users, or third parties; (iii) theft of the Vehicle or its contents; or (iv) damage due to environmental factors such as fire, flood, earthquake, or other natural disasters.  You understand and agree that you are solely responsible for ensuring your Vehicle is properly locked and secured before entering the Facility, removing all valuables from your Vehicle, and maintaining appropriate insurance coverage for your Vehicle.

29.  Terms Applicable to the NCP Mobility Shared Vehicle Program

(a)        Rules During Use of the Rental. During your use of the shared vehicle (the “Shared Vehicle”) rented through the App, the following rules will apply:

            i.          License.  You represent that you are a legally licensed driver and will provide us proof of your current and valid driver’s license.  You will not allow anyone else to operate the Shared Vehicle (an “Unauthorized Driver”) that you reserve through the App.  You agree and acknowledge that allowing an Unauthorized Driver to operate the Shared Vehicle may result in the termination of your account and your liability for any costs and expenses caused by the Unauthorized Driver’s operation of the Shared Vehicle.  

            ii.         Compliance with Laws: You agree that you, and any guests you permit to ride in the Shared Vehicle, will abide by all applicable laws and regulations, including, but not limited to: (a) all traffic laws, including speed limits, traffic signals, parking regulations, and seatbelt usage; (b) maintaining a valid driver’s license; (c) drug and alcohol laws and regulations that apply to the operation of a motor vehicle in the United States; (d) possession or transportation of drugs, alcohol, or illegal substances; (e) local and state laws applicable to the use of mobile devices while operating the Shared Vehicle; (f) laws and regulations applicable to the carrying or transportation of firearms, explosives, or other weapons in the Shared Vehicle, regardless of permit status; and (g) the laws and regulations regarding the minimum insurance you must maintain while operating a Shared Vehicle; and (h) the laws and regulations applicable to the wearing of any device that limits your ability to hear, see, and otherwise judge driving conditions.  For the abundance of clarity, YOU ARE PROHIBITED FROM OPERATING A SHARED VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, ANY PRESCRIPTION OR NON-PRESCRIPTION DRUG FOR WHICH DRIVING IS NOT RECOMMENDED ON THE LABEL, OR BY THE REASONABLE OPINION OF A DOCTOR OR PHARMACIST.    Your failure to comply with applicable laws and regulations may result in fines, penalties, and fees imposed by the applicable governmental authority and additional fees as set forth in the Fee Schedule.

            iii.        U.S. – Only Operation: You may not operate the Shared Vehicle outside of the United States. Shared Vehicles may not be driven to Mexico or Canada, or any other destination outside of the United States.

            iv.        Traffic Tickets and Moving Violations: You understand and agree that you are solely liable for traffic tickets, moving violations, and any other traffic violations that occur during your operation of the Shared Vehicle, including all resulting fees. You understand and agree that we or the Shared Vehicle’s owner may choose to challenge, settle, or assign violations that occur during your operation; and that you authorize us or our agents to release information relating to your accounts to any government agency, court, or party as necessary to settle such claims.

            v.         No Smoking: You agree not to smoke in any Shared Vehicle, including the use of any e-cigarettes or electronic nicotine delivery systems, and you understand that you may be fined in accordance with these Legal Terms and the Fee Schedule for violating this prohibition.

            vi.        Pet Prohibition: You understand and agree that no pets are allowed in a Shared Vehicle except in designated “Pet Friendly” Shared Vehicles. In all cases, you agree to provide and keep pets in a carrier cage during use and to return the Shared Vehicle in a clean condition free of pet hair and pet waste.

            vii.       Manufacturer and Third Party Hardware Devices. Shared Vehicles may have dashboard cameras, mileage and location tracking devices, harsh driving detectors, and other information-gathering hardware installed by the owner, a third party, or the original manufacturer of the vehicle ("Devices").  If you operate a Shared Vehicle with such Devices, you acknowledge that we and certain third parties may have the ability to locate or track the Shared Vehicle and obtain information regarding its use through the Shared Vehicle manufacturer’s mobile application or other applications. You agree that neither we nor the manufacturer of the Shared Vehicle shall have any liability if the owner of the Shared Vehicle fails to abide by laws applicable to the use of such Devices and information collected from such Devices. 

            viii.      Tolls. You are solely responsible for paying all tolls in a timely manner.  If a tolling station automatically charges the Shared Vehicle and the Shared Vehicle’s owner for the toll, your primary credit card on file with us will be automatically charged for the price of the toll at the rate specified by the tolling station. 

            ix.        Roadside Service.  Through a third-party vendor, we offer roadside services during your operation of the Shared Vehicle.  If you require roadside service as a result of any of your errors or negligence, we reserve the right to charge the roadside service fee and any fees and charges associated with towing the Shared Vehicle as set forth in the Fee Schedule in addition to any costs and expenses incurred as a result of your error or negligence. 

            x.         Cancellation Period.  You may cancel your reservation of the Shared Vehicle, without charge, up to one (1) hour prior to the scheduled reservation time.  Cancellations can only be made through the App.  Any cancellation made less than one (1) hour before the scheduled reservation time will be considered a late cancellation and result in you being charged for the full reservation amount.  No refunds will be issued for late cancellations or no-shows.  We encourage you to cancel as early as possible if you cannot make the reservation to avoid charges and allow other users to reserve the Shared Vehicle.

(b)       Condition of the Shared Vehicle. You understand that third parties own the Shared Vehicles offered through the App.  While owners of the Shared Vehicles are required to maintain the Shared Vehicles in a safe and roadworthy condition, we recommend that you complete a visual inspection before you begin your use of the Shared Vehicle. If you find damage in your inspection, you should upload photos of such pre-existing damage to the App at the start of your reservation, as described here, to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, the Company, third-party administrators, and insurance partners, may assume that the damage occurred during your reservation period.  You are prohibited from damaging, tampering with, and from making any modifications to the Shared Vehicle or the Devices installed in or on the Shared Vehicle.  You understand that any such damaging, tampering, or modifying may result in the termination of your account and that you will be responsible for the additional fees set forth in the Fee Schedule and for the costs and expenses required to place the Shared Vehicle back into the same condition as it was prior to your tampering or modifications. 

(c)        Return of the Shared Vehicle. Your use of the Shared Vehicle concludes once you lock the doors and complete the check-out report in the App. When you return the Shared Vehicle, you must check the condition of the Shared Vehicle and note any changes to the condition of the Shared Vehicle or damage that occurred during your use in the App.  Additionally, you must lock and secure the Shared Vehicle’s doors and windows,  turn off the ignition, and place the Shared Vehicle’s key in the location designated by the App.   At the end of your use of the Shared Vehicle, you are obligated to park the Shared Vehicle in an authorized parking space or in a space designated by us.  Your failure to: (i) secure the Shared Vehicle by ensuring all windows, doors, and other vehicle entrances/exists are closed and locked; (ii) timely return the Shared Vehicle to the designated space; (iii) place the Shared Vehicle in a condition that retains or charges its battery life (i.e. leaving the Shared Vehicle’s lights on, not plugging in the Shared Vehicle to its charger (as applicable), etc.); (iv) leave the Shared Vehicle’s key in the designated location; or (v) to return the Shared Vehicle in a clean condition, may result in additional fees and charges as set forth in the Fee Schedule.  If the Shared Vehicle is rendered “inoperable” or taken out-of-service following your operation of the Shared Vehicle, you may be subject to additional fees based on the type of vehicle operated.

(d)       Insurance Coverages. 

            i.          Auto Insurance. The Company’s insurance program provides auto insurance to cover drivers and Shared Vehicles up to the minimum limits required by the automobile financial responsibility law of the jurisdiction in which an accident or incident occurs, or the amounts specified by the statute or regulation regarding vehicle sharing (if any) applicable in which the accident or incident occurs.  Coverage will apply for the duration of the rental period, meaning from the time you take possession of the Shared Vehicle to the time you deliver the Shared Vehicle to the location specified in the App (the “Rental Period”).  Any use of a Shared Vehicle after the Rental Period is not subject to such coverage.  You should inquire about whether your own auto insurance policies will cover damages to the Shared Vehicle.  You are not required to purchase additional coverages to operate a shared vehicle. 

            ii.         Uninsured and Underinsured Coverage. Uninsured and underinsured coverage is provided to you in states where such coverage is required by law, in accordance with the minimum limits established by such states.  In addition, or in certain states in lieu of such uninsured and underinsured coverage, personal injury protection and/or medical payment coverage is provided up to the limits required by state law.

            iii.        Deductible Responsibility. The coverage included above does not absolve you of your responsibility to pay the insurance deductible, which may be up to $2,500, or any additional costs not covered by insurance, for any damage to the Shared Vehicle during the Rental Period. 

(e)        Insurance Claims and Reporting.  If a Shared Vehicle is damaged during the Rental Period, it is your responsibility to gather relevant information and report the damage and related circumstances to us within 48 hours of the incident for our insurance coverage to apply, unless you are rendered incapable of doing so. You shall detail the full nature of the damage and allow time for damage or loss assessment, dispute arbitration, or remediation at our sole discretion. Failing to report damage within 48 hours of the event occurring may forfeit our insurance coverage during the Rental Period and you will be solely responsible for all repairs and any loss or liability arising from the incident. In addition, failure to report damage within 48 hours of the event occurring will result in a fine of $200 being charged to your account.  

(f)        Vehicle Monitoring. You agree and acknowledge that a Device will monitor your operation of the Shared Vehicle for any instances of harsh driving conditions and smoking inside the Shared Vehicle.  Harsh driving conditions include but are not limited to, aggressive acceleration, sudden braking, dangerous cornering, tailgating, speeding, and unsafe lane changes. This Device will collect data related to your driving behavior and environmental conditions inside the Shared Vehicle.  You understand that any instance of harsh driving behavior or smoking will result in a fee or surcharge as set forth in the Fee Schedule.

(g)       Violation of These Terms.  In the event of any violation of the Terms Applicable to the NCP Mobility Shared Vehicle Program, we reserve the right to issue one or more fines, fees, charges, or penalties in our reasonable discretion consistent with the Fee Schedule.

NCP Mobility Fee Schedule

List of Violations

Applicable Fees

Description of Fees

List of Violations - Applicable Fees - Description of Fee

Harsh Driving Detection - Surcharge of +$5 on hourly fee - Drivers who pose risks to the Shared Vehicle Program due to harsh driving, such as aggressive acceleration, sudden braking, dangerous cornering, tailgating, speeding, or unsafe lane changes, are subject to a surcharge on the hourly rate (+$5 per hour).

Violation of the Legal Terms - $50 - Violating provisions in the Legal Terms may include additional fees and termination from the Shared Vehicle Program and the Services generally.

Vehicle not plugged into charger and/or actively charging - $25 - As applicable, if you return the Shared Vehicle and do not plug in the Shared Vehicle for charging at the time the reservation period concludes.

Return to Incorrect Location - $50 plus costs to relocate the Shared Vehicle - If you do not return the Shared Vehicle to its designated space, you will be charged this fee plus any associated costs in relocating the Shared Vehicle.

Lost Key Fee - $1,100 plus service costs (Mercedes only) - If a key to the Shared Vehicle is not available or lost at the time you return the Shared Vehicle.

Cancellation Fee - Equal to the amount of the reservation period (e.g. hourly, daily, 72 hours) - You can cancel a reservation up to one (1) hour prior to your reserved rental period.  Your cancellation within the one (1) hour period prior to the rental period will result in you being charged the full rental amount.

Late Return - $50 per hour - If you fail to return the Shared Vehicle to its designated space prior to your rental period ending.  The Inconvenience Fee may also apply, see below.

Inconvenience Fee - $50 - If your actions or omissions inconvenience another user of the Shared Vehicle, such as by being late to return the Shared Vehicle or by leaving trash in the Shared Vehicle.

Unauthorized Driver - Account Termination plus any costs and expenses resulting from the Unauthorized Driver’s operation of the Shared Vehicle - When you allow an Unauthorized Driver to operate the Shared Vehicle.

Declined Credit Card Payment - $25 - Plus actual amount owed (confirm consistency with Stripe).

Excessive Cleaning - Minimum $50 (actual cost + 10%) - Cleaning in excess of the typical amount (e.g. excessive mud, sand, stains, pet hair, odors, items left in Shared Vehicle, etc.)

Smoking/Vaping - $100 plus costs for deodorizing - No smoking or vaping of any kind is allowed in any Shared Vehicle.

Unauthorized Parking/Abandoned Vehicle - $250 plus towing costs - Ending your reservation in an unauthorized location (outside of the hub or designated space).

Towing - $150 plus costs - If the Shared Vehicle needs to be towed or is impounded; costs include towing fees, storage, citation, etc.

Roadside Service - $50 plus costs - Roadside Service required due to driver error or negligence, such as running out of charge or fuel.

Loss of Revenue - Up to $175/day - If the Shared Vehicle needs to be removed from service as a result of your actions, you will be charged a rate consistent with the type of vehicle.

Violation of Laws - $30 plus costs - Processing fee plus costs of any ticket/violation/citation imposed while you operate the Shared Vehicle.

Unlocked/Unsecured Vehicle - $50 - The Shared Vehicle is left unlocked, windows down, tailgate open, etc.

Drained Battery - $100 - Lights left on, door open, end rental error, etc. (ICE cars only).

Damages - $100 plus costs, up to $2,500 deductible - The actual cost of the damages to the Shared Vehicle plus a $100 administrative fee up to the insurance deductible of $2,500; additional liability and damage costs may be applicable, please see Insurance terms for the Shared Vehicle Program.

Vehicle Tampering - Account Termination plus costs - Any tampering, modifying, or unauthorized contact with the Shared Vehicle and its parts, devices, or the carsharing technology.

Notification of damage to the Shared Vehicle - $200 - In the event you are involved in a motor vehicle accident or other incident that results in damage to the Shared Vehicle, you must notify NCPM within forty-eight (48) hours so that insurance can be contacted.