AATO1 Inc. ("AATO1", "we", or "us"), provides an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. The AATO1 car sharing platform is accessible online including at AATO1.com and as an application for mobile devices. The AATO1 websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other AATO1 users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and AATO1.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, roadside assistance terms, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and AATO1 (each a “Party” and together, “the Parties”). In addition, AATO1 provides a Car Sharing Agreement that summarizes the terms of each reservation agreed between the host and guest at the time of booking and any modification, accessible in the Services for any booked or previous trips and you may use it as proof of a reservation. AATO1 acts as the intermediary for the transactions between the traveler or guest that books a vehicle on the Services (“guest”) and the vehicle owner or host that lists a vehicle for booking on the Services (“host”).

Modification. AATO1 reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your AATO1 Account within 30 days. If you choose to close your AATO1 Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked and hosts who are 21 or older. Any use of the Services by anyone that does not meet these eligibility requirements is expressly prohibited.

Registration To access certain features of the Services, you must sign up for an account with us (an “AATO1 Account”). You can create an AATO1 Account by providing us your first and last name, email address, mobile phone number, and creating a password or connecting through an account with a third-party site or service (including Apple and Google). When you book a vehicle as a guest, you provide us with certain additional information about yourself. Similarly, when you list a vehicle as a host, you provide us with certain additional information about yourself and your vehicle(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your AATO1 Account up to date at all times. Based on information you provide, AATO1 may impose additional requirements for you to book a trip or prior to a trip starting (e.g., providing a deposit, authorizing your payment method, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification Where permitted, AATO1 has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. AATO1 does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. AATO1 may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize AATO1 to request, receive, use, and store such information. AATO1 may permit or refuse your request to book or list a vehicle in its sole and absolute discretion. AATO1 may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements.

Consumer report authorization. When you attempt to book or list a vehicle, or at any time after where AATO1 reasonably believes there may be an increased level of risk associated with your AATO1 Account, you hereby provide AATO1 with written instructions and authorize AATO1, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. Hosts can view earnings on the Host Hub and learn more about earnings breakdown here. When you provide AATO1 a payment method, you authorize AATO1, or third-party service providers acting on behalf of AATO1, to store your payment credential for future use in the event you owe AATO1 any money. You authorize AATO1 to use stored payment credentials for balances, including for Trip costs, host fees, and guest fees (e.g., late fees, security deposits, card authorizations, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. If we attempt to issue a refund and the original payment method is no longer on file or otherwise inaccessible, we reserve the right to issue travel credit in lieu of refunding to your original payment method. Any use of travel credit is governed by the terms and conditions outlined here. AATO1 may offer promotional codes from time to time which are subject to the terms of the offer and the conditions outlined here.

Collection of feesAATO1 and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. AATO1, or the collection agencies we retain, may also report information about your AATO1 Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your AATO1 Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information AATO1 reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact help.AATO1.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your AATO1 Account, you must contact the collection agency directly.

Taxes In certain jurisdictions, AATO1 may enable the collection and remittance of certain taxes from or on behalf of guests or hosts (including, if applicable, Co-hosts), based on existing and future tax regulations, including marketplace facilitator or car sharing regulations. The amount of taxes, if any, collected and remitted by AATO1 will be visible to, and separately stated, to both guests and hosts (including, if applicable Co-hosts) on their respective trip related documents and invoices. Where AATO1 is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their vehicle sharing in that jurisdiction. EU Council Directive 2021/514 (DAC7), Reporting Rules for Digital Platforms in Canada, and Sharing Economy Reporting Regime (SERR) in Australia require AATO1 to report unadjusted gross sales of hosts (what we call "gross earnings"), defined as transactions without adjustments for credits, service fees, reimbursements, or any other amounts. This is an annual reporting obligation (semi-annual in Australia) and AATO1 will share your data for all income and information for the previous reporting period. For any tax documentation AATO1 must provide hosts, you consent to electronic delivery.

Your commitments

You agree that you will always use your AATO1 Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by AATO1.

Account Activity. You are, and will be solely responsible for, all activity that occurs through your AATO1 Account. Keep your AATO1 Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your AATO1 Account, whether you have authorized such activities or actions. You will immediately notify AATO1 of any actual or suspected unauthorized use of your AATO1 Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your AATO1 Account unless you have reported unauthorized access to us.

Content

AATO1 Content and User Content License. Subject to your compliance with the provisions of these Terms, AATO1 grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any AATO1 and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AATO1 or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through AATO1 promotional campaigns, you grant AATO1 a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to AATO1 photography provided to hosts, AATO1 does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate AATO1 Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

Google terms. Some areas of the Services implement Google Maps/Places mapping services, including Google Places API. In addition, to fight spam and abuse of the Services, AATO1 has implemented reCAPTCHA Enterprise, a Google service. By using the Services, you are bound by Google's Terms of Service.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights

• Post false, inaccurate, misleading, defamatory, or libelous content

• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to AATO1, or that comes from the Services and belongs to another AATO1 user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of AATO1

Dilute, tarnish, or otherwise harm the AATO1 brand:

• Through unauthorized use of the Services and/or user content

• By registering and/or using "AATO1" or derivative terms in domain names, trade names, trademarks, or otherwise

• By registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to AATO1 domains, trademarks, taglines, promotional campaigns, or AATO1 and/or user content

Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information

• In relation to a claim (for example about damage to a vehicle)

• By registering for an AATO1 Account on behalf of an individual other than yourself or the company you represent

• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

• Fail to pay fees, penalties, or other amounts owed to AATO1 or another user

• Fail, as either a guest or host, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason

• Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by AATO1 (aka, gray market transactions, which do not necessarily require the exchange of money)

• Transfer your AATO1 Account and/or user ID to another party without our consent

• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by AATO1 in certain limited circumstances

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

• Harass, stalk, or defame any other AATO1 user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms

• Engage in physically or verbally abusive or threatening conduct

• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers

• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the AATO1 community

• Sue or assert legal claims against AATO1 or an AATO1 user in any manner prohibited or waived by these Terms

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

• Contact another AATO1 user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user

• Commercialize any content found on the Services or software associated with the Services, including reviews

• Harvest or otherwise collect information about users without their and our consent, including but not limited to conducting background checks

• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to AATO1, without our prior written approval

Interfere with the operation of the Services, including by:

• Interfering with any other user’s listings

• Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)

• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm AATO1 or the interests or property of others

• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure

• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise

• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the AATO1 name, any AATO1 trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of AATO1

• Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers

• Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures

• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by AATO1 or any of our service providers or any other third party (including another user) to protect the Services

• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information

• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services

• Endeavoring to circumvent a suspension, termination, or closure of your AATO1 Account or the account of another AATO1 user, including, but not limited to, creating a new AATO1 Account or listing vehicles affiliated with or registered to an AATO1 Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. AATO1 has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

AATO1 reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that AATO1, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing AATO1, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your AATO1 Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. If your listings are priced artificially high compared to similar vehicles in the market area and/or priced unreasonably more than the recommended price provided by AATO1; or, in France, if you have a higher cancellation rate than permitted under our policy, we reserve the right to restrict the listing or remove you from the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

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

Communications with you. You agree that AATO1 may contact you by electronic means (e.g., electronic mail; notifications via AATO1 messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your AATO1 Account or AATO1 Account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. You can cancel your SMS or text opt-in preference at any time by replying with “STOP”. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance. As always, standard telephone minute and text and data charges may apply. Carriers are not liable for delayed or undelivered messages. Message frequency may vary. If you have any questions regarding privacy, please read our privacy policy. Where AATO1 is required to obtain your consent for such communications, you may choose to revoke your consent. You agree that AATO1 may contact you on any day, at any time of day, and in relation with the above purposes.

You authorize AATO1 and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with AATO1 or its agents for quality control, training, or other purposes. You understand and agree that your communications with AATO1 may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through help.AATO1.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Insurance and protection plans. AATO1 is not an insurance company and does not insure hosts or guests. Host and guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, hosts and guests must comply with these Terms. Protection plans are available through the Services only in the United States. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

No right of withdrawal For guests who are residents of the European Economic Area or the United Kingdom, there is no right of withdrawal in relation to a transaction you make on the Services as this right does not apply to the booking of transport or other services provided for at a specific date. Your only rights are described in the cancellation policy. However, guests have the right to modify any protection plan selected for a trip prior to the start of the reservation.

Guest financial responsibility for physical damage to the vehicle The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on AATO1, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with AATO1 to make a claim for coverage under any policy of insurance that applies to the loss.

The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing a protection plan on the Services. The limitation on the amount a primary guest may have to pay out of pocket included in any protection plan only applies (1) if the primary guest and any Approved Driver abide by these Terms and (2) to physical damage that is not mechanical or interior damage. The primary guest may change the protection plan selected by navigating to 'modify trip' in any reservation that has not started.

Auto liability insurance and legal liability protection Hosts offering a vehicle for sharing on the Services cannot offer you liability insurance. Trips originating in the US, include coverage under an automobile liability insurance policy. In the US, the policy is issued to AATO1 by ibott insurance and does not provide a defense or indemnification for any claim asserted by AATO1.

If the guest has their own personal auto policy, it will be primary over the auto liability insurance or protection provided with each trip, depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. If the guest is using the vehicle for professional use, the auto liability insurance or protection provided with each trip will be excess to any other personal or commercial policy.

Use of the vehicle When you book a vehicle on the Services, you must use the vehicle only for your personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license) unless you have express written permission from the AATO1 Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event AATO1 has any concern about your use of a vehicle, AATO1 may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact help.AATO1.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics notice and release. Vehicles booked on AATO1 may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release the host and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

Condition of the vehicle and optional Extras You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage 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, AATO1, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the AATO1 team immediately at 1-404-234-3090 in the US,

No responsibility for shared vehicles or personal belongings You acknowledge that AATO1 is not responsible and shall not be liable for the safety, roadworthiness, or legal status (e.g., whether the vehicle is legally registered or the subject of a stolen vehicle report) of any vehicles shared via the Services. Rather, hosts have sole responsibility to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads, not subject to a missing or stolen vehicle report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our vehicle eligibility requirements. You also acknowledge and agree that neither AATO1 nor hosts are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident reporting You must immediately report any damage to the vehicle you are using to AATO1 here. In the US, if there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide AATO1 or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by AATO1, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of AATO1 staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle theft The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:

• If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation

• If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services as set forth here or you agreed to pay for your trip over time and the trip is shortened due to a payment method failure and you do not return the vehicle

• If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility

• If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle

• If the vehicle’s interior components, and the mandatory safety equipment, are stolen or damaged, or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period

• If you fail or refuse to communicate in good faith with the host, police, AATO1, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism

• If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or AATO1 material to the booking, use, or operation of vehicle

The primary guest who books the reservation is responsible for any private investigation costs AATO1 deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if AATO1 and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession. AATO1, a hired agent of AATO1, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, AATO1, and other authorities in all matters related to the investigation.

Specific terms for hosts

The following sections also apply if you share your vehicle through the Services:

Host commitments As a host, you commit that you will provide a safe and legally registered and insured vehicle, with current license plates, with a clean (non-salvage/branded/written off) title, and in good mechanical condition. You will provide such vehicle on time but only to a guest who is listed on the Services as an Approved Driver for the trip. Other than what is required for you to verify a guest’s driver’s license, you will not collect any information or documentation from your guest, including guest personal auto insurance. You agree not to use any guest information made available to you by using the Services to collect additional personal data about guest(s), including but not limited to conducting background checks. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. In the event of a vehicle swap, you will not require a guest to accept a higher priced vehicle or force an unwanted vehicle upgrade. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any vehicle or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on AATO1 does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any vehicle that is the subject of a missing or stolen vehicle report. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. You will remove any firearms or other weapons from your vehicle prior to providing it to a guest. You will repay loans related to your AATO1 business on time and in full. When you direct AATO1 to retrieve your account information from third parties, including but not limited to toll agencies, you grant AATO1 a limited power of attorney to access the third-party services to retrieve such account information; AATO1 will be acting as your agent and will not be acting on behalf of the third party.

Vehicle information given at listing; listing conditions When you sign up for AATO1, you will identify passenger vehicle(s) that you want to list for sharing through the Services. Each vehicle must meet the requirements found here. You will provide the accurate license plate and vehicle identification number (VIN) (as required). You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to share for compensation. If the vehicle you list on the Services is enabled with a device or OEM technology capable of determining location of the vehicle, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.

The following criteria are used for ‘relevance’ ranking of search results: a guest’s search parameters; vehicle location, details, price, delivery conditions, and relevance to a guest’s search; your ratings and commitment rate; All-Star Host status; and the number of listings that meet the parameters of a guest’s search. You cannot pay to have your listing rank higher and we do not offer sponsored listings.

AATO1 may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your AATO1 listing and you agree that you will cease using the Images if they no longer accurately represent your vehicle. You agree that AATO1 is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or AATO1’s ownership or registration thereof. You acknowledge that AATO1 may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the AATO1 photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than AATO1. At AATO1’s request, you will execute documents and take such further acts as AATO1 may reasonably request to assist AATO1 to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Vehicle availability Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the guest. If you offer the guest the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to AATO1 and ensure that the vehicle is available at that location at the beginning of the reservation period. In order to qualify for available protection plans, you must verify that a prospective guest has a current, valid driver’s license before you provide the guest your vehicle, and ensure the driver’s license matches the name on the reservation and that the person picking up the vehicle appears to match the photograph on a facially valid driver’s license.

Pricing, earnings, and payments You will have the ability to set and revise the vehicle’s pricing as you choose. AATO1 will pay you the amount collected from guests that book your vehicle, less the applicable fees payable to AATO1. A description of fees can be found here. To the extent you owe AATO1 or any third party lender money for any reason, AATO1 also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree that AATO1 is not liable in cases where Stripe processes a payment late or makes a mistake relating to a payment or a payment hold. As a condition of AATO1 enabling payment processing services through Stripe, you authorize AATO1 to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your vehicle. You further agree to provide accurate, complete, and updated information about you to AATO1 and Stripe. You acknowledge that AATO1 and Stripe are unrelated entities. You are responsible for separately updating AATO1 and Stripe when there are material changes to the information you have previously provided (e.g., business name, tax information, contact information). You authorize AATO1 to share such information and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. AATO1 reserves the right to switch payment processing vendors at its discretion.

Airport delivery; personal vehicle sharing regulations Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. While AATO1 does not believe that rental car permits should apply to peer-to-peer car sharing, not all airport authorities agree with this position. Learn more about airport delivery here.

There is personal vehicle sharing legislation that may apply to you. More information is available here.

Maintenance You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements, including any required safety inspections. You will only list vehicles with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your vehicle to be booked. In addition, if AATO1 believes that your vehicle does not conform to reasonable standards, including maintenance standards, AATO1 may notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. AATO1 may, but does not commit to, undertake efforts to ensure the safety of vehicles booked through the Services. Learn more about our vehicle eligibility requirements here.

Co-hosting tools and hosting teams Co-hosting tools are a set of tools available through the Services that allow hosts to organize their Co-hosts into teams and enable Co-hosts to perform tasks for one or more vehicles. “Co-host” is anyone a host works with to manage their vehicles, including friends, family members, employees, or other AATO1 hosts and “Co-hosting services” means the support and assistance provided by Co-hosts on a host’s behalf.

Hosting teams permissions. By adding a Co-host to a hosting team, you represent and warrant that each such Co-host is authorized by you to act on your behalf and bind you, consistent with the level of permission granted in the co-hosting tools. You are responsible for the permissions you set for each Co-host and the authority you grant them in using the co-hosting tools for a vehicle listing.

Obligations of hosts and Co-hosts. You are responsible for your own acts or failures to act. To the maximum extent possible under applicable law, you are responsible for the acts and failures to act of your Co-hosts when acting as service providers to you. You are responsible for complying with laws, rules, and regulations that apply to the Co-hosting services. These may require you to obtain a permit or license before providing services or may classify a Co-host as an employee of a host. In no cases, are hosts or Co-hosts employees of AATO1. You represent and warrant that you and those who work with you have all necessary permits, licenses, and/or insurance required.

Relationship of hosts and Co-hosts. Any agreement between a host and Co-host does not create an employment, agency, or other service relationship between AATO1 and any host or Co-host. A host and Co-host cannot create an agreement that conflicts with the Agreement or expands AATO1’s obligations or restricts AATO1’s rights under the Agreement. AATO1 has no control over your conduct and is not obligated to mediate disputes between hosts and Co-hosts or among Co-hosts. Any liability arising from or related to any agreement between hosts and Co-hosts is disclaimed by AATO1 to the maximum extent permitted by law.

Termination of Co-hosting services; effect. Hosts may remove any Co-host from a hosting team at any time. Co-hosts may remove themselves from a hosting team at any time. AATO1 may remove any Co-host from a host team or terminate access to the Co-hosting services if you fail to deliver to AATO1, on request, up to date mandatory documentation relating to your relationship with Co-hosts, including social security or tax declarations. Upon removal of a Co-host, you remain responsible for all actions performed by the Co-host prior to removal.

Reporting vehicle damage If you did not decline a protection plan made available via the Services, and you believe that a guest has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Follow the process for reporting damage described here. Based on the investigation, AATO1 or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If AATO1 is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by AATO1 or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage. In the US, if additional damage is discovered during repairs, you must follow the process to request supplemental payment described here.

Auto liability insurance and legal liability protection For trips originating in the US, hosts are covered under a third-party automobile liability insurance policy. In the US, the policy is issued to AATO1 by ibott insurance and Apollo Group and does not provide a defense or indemnification for any claim asserted by AATO1.

Physical damage to your vehiclePhysical damage reimbursement (US). The protection plans available to hosts in the US address the allocation of financial consequences of physical damage to the vehicle offered by a host during a trip. Physical damage contractual reimbursement from AATO1 applies to your vehicle in the event of a collision and comprehensive events during the trip, and is subject to terms and exclusions. 

Actual cash value. If AATO1, or third-party claims administrators, choose to pay you the actual cash value for your vehicle, you will be required to do one of the following at the sole discretion of AATO1 as a condition for receiving payment: (1) transfer title to the vehicle, and, if requested, physically deliver the vehicle to AATO1 or a third party appointed by AATO1 to accept title and physical delivery (if applicable); or (2) retain title to the vehicle and accept a reduction of the actual cash value equal to the salvage value of the damaged vehicle based on the highest third-party salvage quote that AATO1 obtains for the vehicle. The standard for determining the actual cash value will be as determined by AATO1 or its third-party claims administrators and in compliance with applicable law.

Exclusions to physical damage reimbursement and coverage. Protection plans selected by hosts on the Services do not apply to:

• Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation

• Normal wear and tear to your vehicle

If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue. You acknowledge that these provisions are material and that they serve to ensure your compliance. In the event your protection plan is voided, the remainder of the Agreement, these Terms, and Policies remain in effect.

Other host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any vehicle you share on the Services. You must maintain your own auto insurance policy for any vehicle you list on the Services and such policy must meet any minimum insurance levels required by law. You may need additional insurance coverage, including physical damage coverage, if you share a vehicle subject to a lease or loan. You agree to provide AATO1 with information regarding your auto insurance policy as may be requested and to keep such information up to date. Where not prohibited by law, you hereby appoint AATO1 or a wholly owned subsidiary of AATO1 as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, guests, or private entities to recover your vehicle, as necessary.

Missing vehicles If you selected a protection plan via the Services and your vehicle goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact an AATO1 representative and follow his or her instructions, including cooperating with AATO1, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by AATO1 to file a police report, you must do so within 24 hours of receiving those instructions.

Indemnification of host If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your vehicle by a guest (or by AATO1 itself), subject to your compliance with these Terms and the Policies, AATO1 or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give AATO1 or its insurers prompt written notice of the claim, allow AATO1 sole control over the defense of the claim, and provide AATO1 reasonable cooperation in its defense of the claim, at AATO1’s expense. If AATO1 or its insurers reimburses you for a lost or damaged vehicle and you later receive payment for some or all of your vehicle from a third party (e.g. a third party insurance company or restitution), you must reimburse AATO1 any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by AATO1.

Dispute resolution

Dispute resolution for hosts and guests residing in the United States PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND AATO1 HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and guests residing in the United States section.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and AATO1 agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at info@AATO1.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from AATO1. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. The arbitration procedures are set forth below. In order to initiate arbitration, a claim must be filed with FairClaims. In the event FairClaims declines or is unable to adjudicate the claim, then a claim must be filed with the American Arbitration Association (“AAA”) as set forth below. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or AATO1 shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable arbitration and procedural rules of FairClaims (or AAA, if FairClaims declines to or is unable to adjudicate the claim). (See "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and AATO1 (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other AATO1 user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with AATO1, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:

• Disputes or claims that can be brought in small claims court

• Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

• Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

• In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its arbitration rules and procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those arbitration rules and procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those arbitration rules and procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under applicable rules and procedures, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or AATO1 may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same AATO1 user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and AATO1 will each pay your own arbitration fees consistent with the applicable arbitration rules and procedures at the time the claim was made, unless otherwise stated in these Terms.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW AATO1 USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@AATO1.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR BEFORE THE COMMENCEMENT OF YOUR FIRST TRIP ON AATO1 AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your AATO1 Account to arbitrationoptout@AATO1.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if AATO1 makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against AATO1 prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to AATO1, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.