Terms of Service

1. Acceptance of Terms

By accessing or using ThrottleShare (the "Platform"), including the website at throttleshare.com and any associated mobile applications, you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Platform. Your continued use of the Platform constitutes acceptance of these Terms and any future modifications.

You must be at least 18 years old and legally able to enter into binding contracts to use this Platform. By using the Platform, you represent and warrant that you meet these requirements.

2. Platform Role and Limitations

ThrottleShare provides a technology platform that facilitates connections between Owners and Renters. We do not:

• Own, manufacture, sell, resell, provide, control, manage, offer, deliver, supply, or inspect any vehicles
• Act as a rental company, vehicle dealer, broker, or agent for any user
• Guarantee the quality, safety, legality, condition, roadworthiness, or suitability of any vehicle listed on the Platform
• Verify or endorse any Owner's or Renter's identity, background, creditworthiness, or suitability beyond basic account registration
• Act as an insurer, surety, or guarantor for any transaction
• Control or direct the timing, method, or manner of any vehicle rental

Any reference to an Owner or Renter being "verified" or "trusted" indicates only that the individual has completed our basic account registration process. It does not constitute a background check, endorsement, or guarantee of any kind.

3. User Responsibilities

3.1 Owner Responsibilities

As an Owner, you are solely responsible for:

• Ensuring your vehicle is in safe, operable, and legal condition for rental
• Maintaining all required registrations, titles, insurance, and permits for your vehicle
• Accurately describing your vehicle, including any known defects, limitations, or safety concerns
• Complying with all applicable federal, state, and local laws regarding vehicle rental, insurance, and taxation
• Collecting and remitting any applicable taxes on rental income
• Providing adequate safety equipment (helmets, life jackets, etc.) as required by law
• Conducting a thorough vehicle inspection and photo/video documentation before and after each rental

3.2 Renter Responsibilities

As a Renter, you are solely responsible for:

• Possessing all required licenses, certifications, or permits to operate the rented vehicle (e.g., boating license, motorcycle endorsement)
• Operating the vehicle safely, lawfully, and in accordance with the Owner's rules and instructions
• Inspecting the vehicle before use and reporting any pre-existing damage to the Owner
• Returning the vehicle in the same condition it was received, normal wear excepted
• Paying for any damage, loss, or theft that occurs during the rental period
• Ensuring all passengers meet minimum age requirements and use required safety equipment
• Not operating the vehicle under the influence of alcohol, drugs, or any impairing substance
• Completing a digital liability waiver before each rental

4. Assumption of Risk

5. Release and Waiver of Liability

To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and forever hold harmless ThrottleShare, Deer Track Design LLC, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Released Parties") from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, expenses (including attorneys' fees), and liabilities of any kind or nature, whether known or unknown, arising out of or in any way connected with:

• Your use of the Platform or any vehicle rented through the Platform
• Any interaction between Owners and Renters, whether online or in person
• Any vehicle condition, defect, failure, or unsuitability
• Any personal injury, death, property damage, or financial loss
• Any dispute between an Owner and a Renter
• Any violation of law by any user of the Platform

5.1 Gross Negligence and Willful Misconduct Carve-Out. Nothing in this Section 5 is intended to release the Released Parties from liability for gross negligence, willful misconduct, fraud, or intentional acts where a pre-injury release of such conduct is void as a matter of law in the jurisdiction governing the claim. In jurisdictions where pre-injury personal-injury releases are void in whole (including, without limitation, Virginia, Louisiana, and Montana as to certain claims) or in part, this release is intended to apply to the maximum extent allowed, and any unenforceable portion is severable.

5.2 Minors. A parent or legal guardian who permits a minor to use the Platform, participate in a rental, or ride as a passenger on any rented vehicle does so at their own risk and (to the extent permitted by law) agrees to defend, indemnify, and hold harmless the Released Parties for any claim brought by or on behalf of that minor. ThrottleShare acknowledges that in most jurisdictions a parent cannot waive a minor's personal-injury claim on the minor's behalf; this Section 5.2 is an indemnification agreement against the parent, not a waiver of the minor's direct rights.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees and costs) arising from:

• Your use of and access to the Platform
• Your violation of any term of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or property right
• Your violation of any applicable law, rule, or regulation
• Any claim or damage arising from any rental transaction you participate in
• Any content you submit to or transmit through the Platform

This indemnification obligation will survive the termination of these Terms and your use of the Platform.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THROTTLESHARE, DEER TRACK DESIGN LLC, OR ANY RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY.

THE TOTAL AGGREGATE LIABILITY OF THROTTLESHARE AND DEER TRACK DESIGN LLC TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO THROTTLESHARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

8. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, LISTINGS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THROTTLESHARE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THROTTLESHARE DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE, RELIABLE, OR COMPLETE; (C) ANY VEHICLE LISTED ON THE PLATFORM IS SAFE, LEGAL, SUITABLE, OR AS DESCRIBED; OR (D) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.

9. Insurance

ThrottleShare does not provide insurance of any kind. ThrottleShare is not an insurance company, broker, or agent. We do not underwrite, sell, or administer any insurance products.

Owners are solely responsible for maintaining adequate insurance coverage for their vehicles, including liability, property damage, and any other coverage required by applicable law. Renters are solely responsible for obtaining their own insurance coverage, including personal liability and medical coverage.

You acknowledge that your personal insurance policy may not cover incidents arising from peer-to-peer vehicle rentals. You are solely responsible for understanding your insurance coverage and obtaining any additional coverage you deem necessary.

10. Disputes Between Users

ThrottleShare is not a party to any rental agreement between Owners and Renters. Any disputes arising from a rental transaction, including but not limited to vehicle condition, damage claims, payment disputes, personal injury, or property damage, are solely between the Owner and the Renter.

While ThrottleShare may, at its sole discretion, attempt to assist in resolving disputes through our support tools, we are under no obligation to do so. Any assistance provided does not constitute legal advice, mediation, arbitration, or adjudication.

11. Mandatory Arbitration and Class Action Waiver

12. Fees and Payments

ThrottleShare charges a service fee (currently 10% of the rental subtotal) to Renters for each completed booking. Owners receive the rental amount minus the platform fee. All fees are subject to change with notice.

Payments are processed through Stripe, a third-party payment processor. By using the Platform, you agree to Stripe's terms of service. ThrottleShare is not responsible for any errors, delays, or issues caused by Stripe or any payment processing service.

13. Digital Liability Waivers

Before each rental, Renters are required to sign a digital liability waiver that includes an assumption of risk, release of liability, and indemnification agreement. The waiver is specific to the vehicle type being rented and is legally binding upon execution.

By signing a digital waiver on the Platform, you agree that your electronic signature is the legal equivalent of your handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.

14. Vehicle Documentation

Both Owners and Renters are strongly encouraged to photograph and/or video record the vehicle's condition before and after each rental. ThrottleShare is not responsible for any disputes arising from inadequate documentation. In the event of a damage claim, the party making the claim bears the burden of proof.

15. Termination

ThrottleShare reserves the right to suspend or terminate your account at any time, for any reason, without notice. Upon termination, your right to use the Platform ceases immediately. Sections 4 through 11 of these Terms shall survive any termination.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in McLean County, Illinois.

17. Modifications to Terms

ThrottleShare reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the Platform with a new "Last Updated" date. Your continued use of the Platform after any such modification constitutes your acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any digital waivers signed through the Platform, constitute the entire agreement between you and ThrottleShare regarding the use of the Platform. No oral statement, prior course of dealing, or industry custom shall modify these Terms.

20. Platform Role — Interactive Computer Service

ThrottleShare operates as an "interactive computer service" as defined in 47 U.S.C. §230 (the Communications Decency Act) and does not function as the publisher, speaker, or creator of user-generated content, listings, communications, photographs, or descriptions. All listings, representations, photographs, availability calendars, pricing, descriptions, safety claims, and condition statements are content created and uploaded by Owners. ThrottleShare is not responsible for the accuracy, legality, safety, fitness for purpose, roadworthiness, seaworthiness, mechanical condition, registration status, titling, or compliance with any law of any vehicle listed on the Platform.

ThrottleShare is not a dealer, broker, agent, bailee, carrier, fiduciary, lessor, lessee, operator, or owner of any vehicle listed on the Platform. ThrottleShare does not inspect, verify, maintain, test, certify, insure, register, title, or otherwise evaluate any vehicle or user. ThrottleShare's role is strictly limited to: (i) providing software infrastructure that allows Owners and Renters to find one another; (ii) facilitating electronic payment via Stripe; and (iii) collecting and storing signed digital waivers.

21. Non-Discrimination

ThrottleShare prohibits unlawful discrimination in the provision of services on the Platform. Owners may not refuse a rental to a Renter on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, familial status, marital status, age (except where legally required for operation of the vehicle), or any other protected characteristic under federal, state, or local law. Owners remain free to deny rentals for lawful, non-discriminatory reasons (e.g., insufficient operating experience, lack of required license, prior platform violations, insufficient security deposit, or failed verification).

Violations may result in immediate account suspension, permanent ban from the Platform, and referral to regulatory authorities. Renters who believe they have been subject to unlawful discrimination may report the incident to [email protected].

22. Copyright Policy & DMCA Takedown

ThrottleShare respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512. If you believe content on the Platform infringes your copyright, submit a written notice to our Designated Agent containing: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location on the Platform (URL); (4) your contact information; (5) a good-faith statement that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate.

DMCA Designated Agent
Deer Track Design LLC
9198 Apollo Rd, Bloomington, IL 61705
Email: [email protected]

Counter-notices must comply with 17 U.S.C. §512(g)(3). We reserve the right to terminate accounts of repeat infringers in accordance with 17 U.S.C. §512(i).

23. Export Controls & Sanctions

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo or designated as a "terrorist supporting" country; (ii) you are not listed on any U.S. government list of prohibited or restricted parties, including OFAC's Specially Designated Nationals (SDN) list; and (iii) you will not use the Platform in violation of any U.S. export controls, sanctions, or applicable international laws.

24. Force Majeure

ThrottleShare shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, storm, pandemic, government action, war, terrorism, labor disputes, utility or telecommunications failures, cyberattacks, internet service provider failures, or Platform outages.

25. No Agency, Partnership, or Employment

Nothing in these Terms shall be construed to create an agency, partnership, joint venture, franchise, employment, or fiduciary relationship between you and ThrottleShare. Owners are independent users of the Platform and are not employees, agents, or representatives of ThrottleShare or Deer Track Design LLC. Owners have no authority to bind ThrottleShare to any obligation. ThrottleShare's compensation (a service fee on completed bookings) does not create a joint enterprise or common purpose with any Owner; ThrottleShare has no right of control over the timing, method, manner, route, or circumstances of any rental.

25A. Not a Rental Company, Livery, Bailee, or Carrier

ThrottleShare is not, and does not hold itself out as, any of the following: (a) a "rental car company," "rental company," "rental agency," or "peer-to-peer vehicle-sharing program" as those terms are defined under the laws of any state, including but not limited to California (Cal. Civ. Code §§1936, 11580.24; Cal. Pub. Util. Code §5431), Florida (Fla. Stat. §627.7483), Maryland (Md. Code, Transp. §18-101), or any other jurisdiction; (b) a "livery," "vessel livery," "rental boat agency," or "charter boat" operator under any state or federal boating regulation; (c) a "motor carrier," "common carrier," or "contract carrier" under 49 U.S.C. §13102 or any state equivalent; (d) a "dealer," "broker," "auction," "consignment retailer," or "distributor" of any vehicle; (e) a "bailee" or "gratuitous bailee" of any vehicle — ThrottleShare never takes possession, custody, or control of any vehicle listed on the Platform; or (f) a "seller," "merchant," or "supplier" of any vehicle or vehicle-related product for purposes of strict product liability, the Uniform Commercial Code, or any similar regime.

Any characterization to the contrary is expressly disclaimed. ThrottleShare's role is strictly limited to (i) hosting user-generated listings, (ii) facilitating payment via Stripe, and (iii) collecting and storing signed digital liability waivers.

25B. No Adjudication of Damage or Injury Claims

ThrottleShare does not review, decide, adjudicate, or resolve any damage claim, injury claim, or dispute between an Owner and a Renter. Security deposits are handled pursuant to pre-agreed rules between Owner and Renter; ThrottleShare merely stores booking, payment, and waiver records as a passive evidence repository. ThrottleShare is not an adjuster, mediator, arbitrator, or insurer. Any informational tools provided (for example, a structured form to upload photos or a chat thread) do not constitute a claim-adjudication service and do not create any duty of care with respect to the underlying dispute.

25C. Named Renter Only; Additional Riders at Renter's Risk

Only the Renter named in a booking is authorized to operate any vehicle rented through the Platform. Any additional operator, passenger, or guest participates at the Renter's sole invitation and risk. The Renter (and, if a minor is brought as a passenger, the minor's parent or legal guardian, who must consent in writing) agrees to defend, indemnify, and hold harmless the Released Parties from any claim brought by or on behalf of any additional rider, passenger, or guest.

26. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ThrottleShare's prior written consent. Any attempted assignment without such consent is void. ThrottleShare may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

27. Time-Barred Claims / Notice of Claim

Any claim or cause of action arising out of or related to the use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Before filing any arbitration or legal proceeding, the claimant must provide ThrottleShare with at least thirty (30) days' written notice describing the nature and basis of the claim and the specific relief sought, sent to the address below.

28. California Privacy Rights (CCPA/CPRA)

California residents have additional rights under the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA). These include the right to know what personal information is collected, the right to delete personal information, the right to correct inaccurate information, the right to opt out of sale/sharing of personal information, and the right to non-discrimination for exercising these rights. ThrottleShare does not sell personal information. To exercise any California privacy right, email [email protected] with the subject line "California Privacy Request."

29. Prohibited Conduct

You agree not to use the Platform to: (a) violate any law or regulation; (b) infringe any intellectual property, privacy, publicity, or contractual right; (c) upload malware, viruses, or harmful code; (d) engage in fraud, money laundering, or deceptive commercial practices; (e) harvest, scrape, or reverse-engineer the Platform or its data; (f) impersonate any person or entity or misrepresent affiliation; (g) harass, threaten, or abuse other users; (h) list a vehicle you do not have clear legal authority to rent; (i) circumvent Platform fees by transacting off-platform with users you met through the Platform; or (j) use the Platform in any manner inconsistent with these Terms.

Our full Acceptable Use Policy is incorporated into these Terms by reference.

30. User-Generated Content & Moderation

The Platform allows users to post listings, photos, reviews, messages, and other content ("User Content"). You are solely responsible for your User Content. We do not pre-screen User Content but reserve the right to remove any content that violates these Terms, our Acceptable Use Policy, or applicable law.

Zero-Tolerance for Objectionable Content. Content that is illegal, sexually explicit, threatening, harassing, discriminatory, a scam, or otherwise objectionable is prohibited and will be removed.

How to Report. Every listing and every user profile has a "Report" link. Logged-in users can also file a report at /moderation/report or email [email protected].

How to Block. Every listing and message thread has a "Block" link. Blocking immediately hides that user's content from your feed and notifies our moderation team.

24-Hour Moderation SLA. ThrottleShare commits to reviewing and acting on every report within 24 hours. Action includes removing the content, warning the user, or permanently banning the user when warranted. Repeat or severe offenders are ejected from the Platform.

EULA. By creating an account you agree to these Terms (this End-User License Agreement) and our Acceptable Use Policy. If you do not agree, do not use the Platform.

31. Affiliate Program

Participation in the ThrottleShare Affiliate Program is governed by the separate Affiliate Program Terms, which are incorporated into these Terms by reference. In the event of a conflict between the Affiliate Program Terms and these Terms of Service on affiliate-related matters, the Affiliate Program Terms control. ThrottleShare reserves the right to modify commission rates with 30 days' written notice to the affected affiliate's registered email address. The affiliate program is operated by Deer Track Design LLC and is available to eligible participants at throttleshare.com/affiliates.

32. Binding Acceptance

BY REGISTERING FOR AN ACCOUNT, LISTING A VEHICLE, BOOKING A RENTAL, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 11 AND THE LIMITATION OF LIABILITY IN SECTION 7. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PLATFORM.