Introduction
These Terms and Conditions are for the mutual benefit of the Members and EXCEEDS. These Terms and Conditions are in addition to those contained in the following documents:
- EXCEEDS Articles of Incorporation and By Laws, which set out the legal organization and procedures of EXCEEDS; and
- The EXCEEDS VIP CARSHARING Application/Agreement which is an agreement to abide by the terms and conditions of the Terms and Conditions and expressly provides for the liability of Members for various charges and limits the liability of EXCEEDS.
Before becoming a Member of EXCEEDS VIP CARSHARING, you must read and understand all of these Terms and Conditions and the EXCEEDS VIP CARSHARING Application/Agreement. By paying the initiation fees, you acknowledge that you understand these Terms and Conditions, the EXCEEDS VIP CARSHARING Application/Agreement, and you agree to meet all your obligations as a Carsharing Member.
Your legal rights and obligations, as well as those of EXCEEDS, shall be determined solely by these Terms and Conditions, EXCEEDS Articles of Incorporation and By laws, and the EXCEEDS VIP CARSHARING Application/Agreement.
Definitions
“Applicant” means a person who has signified her interested in becoming an EXCEEDS VIP CARSHARING Member and who has completed the EXCEEDS VIP CARSHARING Application/Agreement.
“Associate Member” means a person designated as an Associate Carsharing Member of EXCEEDS VIP CARSHARING in accordance with section 3 of this Terms and Conditions.
“Agreement” means the EXCEEDS VIP CARSHARING Application/Agreement.
“Board” means the Board of Directors of Exceeds Solutions, LLC.
“EXCEEDS” means Exceeds Solutions, LLC. and the EXCEEDS VIP CARSHARING service offering.
“EXCEEDS Vehicle” means any vehicle offered by EXCEEDS for use by EXCEEDS VIP CARSHARING Members and any equipment included with the vehicle.
“EXCEEDS Driver” means the assigned EXCEEDS Vehicle Driver.
“Online Vehicle Reservation System” or “OVRS” means the Online EXCEEDS Vehicle Reservation System. Members are provided individual username and passwords to access their accounts.
“Carsharing Member” or “Member” means a Member who has been approved participation in the EXCEEDS VIP CARSHARING service.
”EXCEEDS Medi Form” means the form containing questions related to medical condition of the Member or authorized passenger. This will allow EXCEEDS to better prepare for the travel requirements of the passenger. EXCEEDS will treat all information provided as Confidential.
“EXCEEDS Office” or “Office” means the Head Office of EXCEEDS.
“Operating Expenses” means normal operating costs associated with the normal use of an EXCEEDS vehicle (including oil), vehicle insurance premiums, vehicle registration, normal wear and tear, and any vehicle repairs associated with normal wear and tear.
“Reservation Period” means the duration of time reserved by a Carsharing Member for the use of the EXCEEDS Vehicle.
“Travel Issue Report Form” means the report located in the EXCEEDS Vehicle or obtained from the EXCEEDS office. This report form is used to provide details on any issues encountered (e.g., vehicle damage, collision, vehicle breakdown, etc.) which occurred during the trip. This form will be filled-out by the driver and the Member or Associate Member will be requested to review the details and sign on the report to confirm the details.
“Travel Information Sheet” means the report located in the EXCEEDS Vehicle or obtained from the EXCEEDS office. This log is used to provide details of travel time (i.e., date/time fetched, date/time dropped off), daily destination, distance travelled, number and names of passengers, any changes to EXCEEDS Vehicle, and other information relating to daily travel. This log will be filled-out by the driver and the Member or Associate Member will be requested to review the details and sign on the daily log to confirm correctness of the details.
“Terms and Conditions” means these EXCEEDS VIP CARSHARING Terms and Conditions.
“Vehicle Reservation” means advance reservation of EXCEEDS Vehicle subject to confirmation of vehicle availability.
Membership
Applicant must fully complete the Agreement and provide any requested documents before being approved as a Carsharing Member. An applicant must be 18 years or older. Valid proofs of identification and other documentation(s) will be required.
Following approval of the Agreement and full payment of all required membership fees, a Member has the right to use EXCEEDS Vehicles in accordance with the Agreement and these Terms and Conditions.
Membership privileges on use of EXCEEDS Vehicle is transferrable, but limited to three (3) Associate Members. Names of Associate Members need not be disclosed during application; however, these names must be provided upon approval of membership or before the first Vehicle Reservation.
Members will be provided with an EXCEEDS Identification Card and an EXCEEDS VIP CARSHARING certificate as proof of membership.
The Application Form lists general requirements for participation in EXCEEDS VIP CARSHARING Service and is not a complete list of requirements. EXCEEDS SOLUTIONS, LLC reserves the right to deny an Application for any reason whatsoever, and EXCEEDS SOLUTIONS, LLC is not required to inform Applicant of the reason for such denial.
Membership Fees and Payment
Members will pay a one time fee valid for a number of years corresponding to the Membership Plan they avail of. Membership fees must be paid in full prior to first use of EXCEEDS Vehicle.
Membership Plans
| Plan |
Term |
Fee |
| Gold |
5 Years |
|
| Silver |
3 Years |
|
| Bronze |
2 Years |
|
Accepted Payment methods:
Cash,
Certified Bank Check,
Paypal,
Credit Card (through Paypal), or
Money Order.
Proof of receipt of payment will be issued. All payments will be acknowledged via a confirmation number or original receipt (OR).
All Carsharing Members are required to become a member of EXCEEDS. Applicants who are not yet Members must pay the Membership Fees before they can obtain or renew membership status. Membership fee payments must be made to Exceeds Solutions, LLC prior to reservation or travel.
EXCEEDS Drivers are NOT authorized to accept payments. Please settle fees online through OVRS or with an EXCEEDS Account Representative.
Membership Plans in Detail
- Gold Membership – Member will be entitled to free use of EXCEEDS Vehicle for 14 consecutive days, per year, valid for 5 years. Members who are unable to use the EXCEEDS Vehicle during any year within the Plan effectivity can opt to transfer unused allocation of up to 7 days to the succeeding year.
For Example, a Gold Member who is not able to use the EXCEEDS Vehicle on the 1st year will have 14 days for 2nd year + 7 days from 1st year (or 21 consecutive days) available on the 2nd year. However, if the Member is still not able to use this on the 2nd year, she will still have 21 consecutive days (14 days for 3rd year + 7 days from 2nd year).
Any unused EXCEEDS Vehicle usage days on the 5th year can not be extended nor converted to cash. However, if the Gold Member renews her membership, she automatically gets the unused usage days of up to 7 days (from previous 5th year) on her 1st year of renewal.
- Silver Membership - Member will be entitled to free use of EXCEEDS Vehicle for 14 consecutive days, per year, valid for 3 years. Members who are unable to use the EXCEEDS Vehicle within the Plan effectivity can opt to transfer unused allocation of up to 7 days to the succeeding year but only on the 2nd year.
For Example, a Silver Member who is not able to use the EXCEEDS Vehicle on the 1st year will only have 14 days for the 2nd year. Any unused usage days of up to 7days on the 2nd year can be transferred to the 3rd year (e.g., 21 consecutive usage days on 3rd year due to 14 days for 3rd year + 7 days from 2nd year).
Any unused EXCEEDS Vehicle usage days on the 3rd year can not be extended nor converted to cash. However, if the Silver Member renews or upgrades her membership, she automatically gets the unused usage days of up to 7 days (from previous 3rd year) on her 1st year of renewal.
- Bronze Membership - Members will be entitled to free use of a vehicle for 14 consecutive days, per year, valid for 2 years. Members are not allowed to transfer unused allocation to succeeding years.
Any unused EXCEEDS Vehicle usage days on the 2nd year can not be extended nor converted to cash. However, if the Bronze Member renews or upgrades her membership, she automatically gets the unused usage days of up to 3 days (from previous 2nd year) on her 1st year of renewal as a bonus.
All Membership Fees and other fees are nonbearing interest.
Only Members are entitled to use transferred unused allocation days. A Member’s authorized Associate Member is only entitled to use the 14 days maximum annual allocation.
Use of EXCEEDS Vehicles for several consecutive days are dependent on availability of vehicles. Members are requested to book several weeks in advance and in accordance with the reservation guidelines (section 8) if planning to use total available usage days consecutively. This and related topics are discussed on the vehicle reservation section of this document.
Deposits and Refunds
Membership Fees for the corresponding Membership Plan applied for shall be paid by each Applicant and shall accompany each Agreement.
Each Carsharing Member is required to pay a Travel Deposit to EXCEEDS during vehicle reservation. This Travel Deposit is equivalent to 20 days of driver’s fees. Driver’s fees are not included with the Membership Fees.
This Travel Deposit is EXCEEDS’ security against unpaid driver’s fees from extension of driving hours or days, damages to EXCEEDS Vehicles not covered by insurance, normal vehicle wear and tear, and that is directly caused by Member, Associate Members, or any of their authorized passengers. If a Member incurs liabilities greater than the amount of this Travel Deposit, EXCEEDS may revoke the Member’s privileges and seek repayment of the full amount.
This Travel Deposit will be a debt owed to the Carsharing Member by EXCEEDS. The Travel Deposit may be applied by EXCEEDS towards payment of driver’s fees for excess driving hours, unpaid extended usage fees, and/or any liability attributed to a Carsharing Member’s use of the EXCEEDS Vehicle, including insurance deductible.
This Travel Deposit and any excess amount will be refunded when the Carsharing Member’s participation in EXCEEDS is terminated by the Carsharing Member or by EXCEEDS, unless the Travel Deposit is applied in whole, or in part, towards payment of unpaid usage fees, unpaid driver’s fees, and/or any liability attributed to a Carsharing Member’s use of the EXCEEDS Vehicle. Should a Carsharing Member be entitled to a refund of some or all of the Travel Deposit, EXCEEDS shall provide a refund within two (2) months from termination of the service, unless additional time is required for EXCEEDS to liquidate assets, as described in the Agreement.
Associate Members
Carsharing Members may apply to have a relative up to 2nd degree of consanguinity or affinity included in their EXCEEDS account as an Associate Member. Each Carsharing Member may have a maximum of three (3) Associate Members. A Carsharing Member is responsible for all charges, damages and/or liabilities incurred by all Associate Carsharing Members under their name.
The Carsharing Member may have some or all Associate Carsharing Members removed from their EXCEEDS account by notifying EXCEEDS in writing. The amendment will take place within thirty (30) days after receipt of written notice.
Making Vehicle Reservation
EXCEEDS Vehicles must be reserved prior to use by accessing OVRS. Each Carsharing member shall have an individual username and password for access to their OVRS account.
Reservation Guide
| Consecutive Days Use |
Notice Period |
| Greater than 14 days |
9 weeks |
| 14 days |
6 weeks |
| 5 to 7 days |
3 weeks |
| 3 to 4 days |
2 weeks |
| 1 to 2 days |
1 week |
In order to serve more Members, a Member may only reserve a maximum of 7 consecutive days on peak months of December, January, February, and Holy Week (2 weeks before and 2 weeks after).
The OVRS is designed to strictly implement a FIRST-COME-FIRST-SERVED process. Upon successful reservation, the OVRS generates a confirmation page that contains the following:
- Reservation details (travel dates and itinerary, passenger details, luggage details, etc.);
- A unique reservation ticket number;
- The assigned EXCEEDS Vehicle make and plate number;
- The name, ID number, and photo of the assigned EXCEEDS Driver; and,
- A unique challenge keyword that Members can verbally ask the EXCEEDS Driver to confirm for added security.
- EXCEEDS Contact Information
Members are requested to print and save a copy of the confirmation page on their computers for their reference.
The OVRS also sends through email, a copy of the reservation confirmation details for future reference. An EXCEEDS Account Representative will send an email and call a Member should any changes to their reservation details happen (e.g. change in Assigned driver and corresponding challenge keyword, change in vehicle plate number, etc.) prior to departure date.
EXCEEDS Vehicles may also be reserved by calling an EXCEEDS Account Representative through the Toll-Free number. The EXCEEDS Account Representative will request the Member to answer several questions for verification.
A Member may only reserve one vehicle at any given time.
Only Members can reserve EXCEEDS Vehicles; Associate Members can request use of EXCEEDS Vehicles only through Members.
Separate daily fees apply for use of EXCEEDS Vehicle greater than 14 days.
In the event of a discrepancy between EXCEEDS’s records and those of the Member or her Associate Members, EXCEEDS’s records shall be considered correct.
Canceling Vehicle Reservation
Members who choose to cancel all or part of a reservation may be charged cancellation fees.
Cancellation Guide (Off-Peak Months)
| Consecutive Days Use |
Notice Period |
| Greater than 14 days |
7 weeks |
| 14 days |
4 weeks |
| 5 to 7 days |
2 weeks |
| 3 to 4 days |
1 week |
| 1 to 2 days |
2 days |
Cancellation Guide (Peak Months)
| Consecutive Days Use |
Notice Period (prior to reservation start date) |
| 5 to 7 days |
16 days |
| 3 to 4 days |
9 days |
| 1 to 2 days |
5 days |
In Off-Peak months, a Member who fails to cancel the reservation within the notice period will automatically be deducted 5 days worth of driver’s fees against her Travel deposit. In Peak months, 10 days worth of driver’s fees is deducted.
Reserved Vehicle is not Available
In some cases, an EXCEEDS Vehicle may not available for use at the start of a Member’s reservation period. EXCEEDS will endeavor to prevent this from happening except on cases beyond EXCEEDS’ control and including force majeure.
In cases of bad weather, other calamities, or events that EXCEEDS deem to be unsafe for travel, EXCEEDS may decide to postpone or cancel reservations and planned trips considering the safety of Members and EXCEEDS Staff. Travel deposits and other fees paid will be refunded on per case basis should a Member decide not to follow EXCEEDS’s advise and hire other travel services or to not set another date as replacement.
In cases of Vehicle breakdown or government imposed travel constraints (e.g., color-coding scheme), EXCEEDS may provide a temporary vehicle different from that reserved.
A Member who prevents or causes an EXCEEDS Vehicle from being available for use by another Member will be charged for that Member’s use of a taxi (or other vehicles). For Example, MemberA unnecessarily extends her trip despite warnings from the EXCEEDS Vehicle Driver, and if this results the EXCEEDS Vehicle from being available immediately at start of MemberB’s reservation, MemberA will be charged for MemberB’s use of taxi (or other vehicles) throughout the duration of the unavailability of the EXCEEDS Vehicle.
Extension of Reserved Period
If for some reason, a Member wishes to extend use of the EXCEEDS Vehicle, she should update her reservation online using OVRS or contact the EXCEEDS Office immediately. If an extension is not possible, the assigned EXCEEDS Driver will strictly follow the original travel plan.
Using EXCEEDS Services
On Arrival
After successfully completing vehicle reservation (section 8), EXCEEDS will do necessary preparations for your arrival. On arrival, Members should refer to the information on the reservation confirmation page to properly identify the EXCEEDS Vehicle and Driver.
The assigned EXCEEDS Driver will present the Member, the EXCEEDS Vehicle Information folder which contains the following documents:
• Driver’s copy of Reservation Confirmation page
• Travel Issue Report Form
• Travel Information Sheet
• Vehicle registration
• Vehicle insurance
At the Member’s option, a lightweight handheld two-way radio (usually with a 3-mile range) can be provided that Members may use to communicate with the EXCEEDS Driver while using EXCEEDS services. Members are requested to surrender the two-way radio every night (for multiple day itineraries) to allow the EXCEEDS Driver to charge the batteries, and immediately after conclusion of the trip.
The Member will be requested to sign the conforme section of the Travel Information Sheet upon arrival and after every start and end of daily travel. This serves as a travel log.
It is the Member’s responsibility to check for any visible safety issues and other concerns. These should be reported immediately to the EXCEEDS Office.
During Travel
The EXCEEDS Driver is the only person authorized to drive and make changes to the EXCEEDS Vehicle. The EXCEEDS Driver is responsible for the safety and comfort of Members throughout the trip.
The EXCEEDS Driver is authorized to deny entry of any passengers outside the declared travel manifesto. The EXCEEDS Driver is authorized to deny entry of cargo he may deem unsafe to be brought while traveling (e.g., fireworks, oversized or extremely heavy cargo, etc.).
After Travel
The EXCEEDS Driver is instructed to thoroughly check the vehicle for any left belongings, complete the Travel Information Sheet, and have this signed by the Member daily and after completing the travel itinerary. However, it is the Member’s ultimate responsibility to make sure that all her belongings are accounted before leaving the EXCEEDS Vehicle daily and after the last itinerary. EXCEEDS is not liable for any missing valuables after completion of planned itineraries.
Passenger capacity
- Van (Toyota GL Grandia or variants): 10 passengers + 1 driver
- AUV (Toyota Innova or variants): 7 passengers + 1 driver
- Sedan (Toyota Corolla Altis or variants): 4 passengers + 1 driver
To ensure the safety and comfort of all Members, EXCEEDS does not allow any number of passengers greater than the prescribed passenger capacity per vehicle type above. Children three (3) years old and above are considered regular passengers.
Baggage capacity
- Van (Toyota GL Grandia or variants): Baggage that can fit the baggage area between the back of the last row of seats and the back door.
- AUV (Toyota Innova or variants): Baggage that can fit the baggage area between the back of the last row of seats and the back door.
- Sedan (Toyota Corolla Altis or variants): Baggage that can fit the trunk space.
To ensure the safety and comfort of all Members, EXCEEDS only allows placement of baggage in the prescribed baggage area above. Baggage are not allowed to be placed on top of passenger seats.
Members expecting to carry extra heavy baggage or baggage greater than the prescribed number are requested to inform EXCEEDS prior to travel. EXCEEDS will endeavor to provide a vehicle that is more suited for carrying such load at the Member’s expense.
Special Requirements
- Child seats can be made available upon request; please indicate this on your travel reservation.
- Members or authorized passengers that are disabled or may require special medical attention are required to complete the EXCEEDS Medi Form during reservation.
Health and Safety Devices
All EXCEEDS Vehicles are equipped with a first-aid kit and a fire extinguisher for your added peace of mind.
Prohibitions
The following are prohibited while using EXCEEDS Vehicles:
- Pets (service animals are allowed)
- Smoking
- Drinking of liquor
- Use of prohibited drugs
- Firearms without necessary permits and licenses
- Baggage containing fireworks and other potentially explosive or harmful objects
- Baggage in excess of that declared in Travel Information Sheet
- Baggage that is not in accordance with declaration in Travel Information Sheet
- Any item or purpose of use that is deemed unlawful
Issues with EXCEEDS Staff
EXCEEDS treats its entire Staff with courtesy and respect and we trust that our Members, Associate Members, and authorized passengers will do the same. If in the unlikely case that a Member comes into argument with the EXCEEDS Driver (or any EXCEEDS Staff), please do not reprimand our Staff directly but report the incident immediately to the EXCEEDS Office. The EXCEEDS Officer in Charge will make sure the incident is quickly and fairly resolved.
Tipping
In the very likely case that you are happy the services of your EXCEEDS Driver, gratuity is allowed.
Fuel, Vehicle Maintenance, and Emergency Repair
Every EXCEEDS Vehicle is filled full-tank with fuel prior to every trip. The Member is responsible for fuel needs throughout the duration of her travel itinerary and is responsible for returning the vehicle also filled full-tank. The EXCEEDS Driver will record on the Travel Information Sheet the fuel level reading after the end of travel itinerary which the Member must sign as confirmation. Any costs to fill-up fuel after the trip will be charged to the Member.
Every EXCEEDS Vehicle is made comfortably clean prior to every trip. The EXCEEDS Driver will make quick and necessary vehicle cleaning daily and during the travel itinerary; however, Members are responsible for payment of fees in the unlikely event that a car-wash and interior cleaning services are needed due to Member neglect, violation of baggage guidelines, or if requested by the Member during and after the travel itinerary.
Every EXCEEDS Vehicle is regularly maintained and ready for your planned itinerary. EXCEEDS Drivers are capable of quick repairs and tire replacement. However, in the unlikely event that vehicle breakdown occurs, EXCEEDS Drivers are instructed to immediately call the EXCEEDS Office who will immediately dispatch EXCEEDS Staff to assist repair of vehicle and/or provide a temporary replacement vehicle while the original vehicle is being serviced.
Emergencies, Accidents, and Vehicle Damage
EXCEEDS will always prioritize human lives over properties.
An accident in connection with use of an EXCEEDS Vehicle must be immediately reported to the EXCEEDS Office and to the Local Police.
If EXCEEDS or its Insurer determines that the Member was liable in whole, or in part, for the accident and/or damages sustained to the EXCEEDS Vehicle, and the EXCEEDS Vehicle must be removed from service for repairs, an out of service fee of $ per day that the EXCEEDS Vehicle is out of service shall be charged to the Member (maximum of $).
Insurance
EXCEEDS is responsible for ensuring that all EXCEEDS Vehicles are properly covered with Insurance in compliance with Local Laws. Liability insurance is always available in all EXCEEDS Vehicles.
Collision and Comprehensive insurance is also available in all EXCEEDS Vehicles. This will protect Members from the costs of servicing or replacing the EXCEEDS Vehicle as specified in the insurance policy.
Members who are involved in accidents and a claim is made against the Member, settlement of the claim will be at the discretion of EXCEEDS, or its Insurer.
Copies of the insurance documents are always available in the EXCEEDS Vehicle Information Folder.
Fees for actual Travel
Carsharing Membership fees only cover use and maintenance of EXCEEDS Vehicles. Members are responsible for fees related to use of EXCEEDS Driver’s time, fuel, parking, toll, and other travel fees.
Driver Fees
| Travel Duration |
Fee/day |
| 8 hours or less |
|
| More than 8 hours |
|
| Travel during holidays |
|
| Travel that starts from or reaches 9PM to 7AM |
|
Fees outside of plan
If EXCEEDS Vehicles are available and after EXCEEDS approval, Members can extend use or use vehicles outside their plan. The rate is $/day during off-peak months and $/day during peak months. The same Driver Fees apply.
Restriction of Membership Privileges
The EXCEEDS Driver is instructed to immediately report violations to this Terms and Conditions and other issues that can put at risk the safety of Members and declared passengers, the EXCEEDS Driver, and the EXCEEDS Vehicle.
EXCEEDS reserves the right to restrict, or revoke, a Carsharing Member’s privileges at any time either due to violations of the Agreement, these Terms and Conditions, failure to pay required fees and other obligations at all or in a timely manner, or for any other reason whatsoever.
Termination of Carsharing Membership
Members may terminate Carsharing Membership at anytime by providing a written notice to EXCEEDS. Within thirty (30) days of providing the written notice of termination, the Member shall return all EXCEEDS Membership cards and other EXCEEDS property (e.g., handheld radios) related to the Carsharing services and shall settle all amounts due EXCEEDS. If the Member fails to return any EXCEEDS Property within thirty (30) days, the Member shall be charged $ or the full costs required to replace the property.
Members who terminate their Carsharing Membership will receive an invoice at the end of the month. The final invoice accounting for all fees and costs associated with Carsharing and reconciling all deposits and payments made against such fees and costs, will be provided to the Member within sixty (60) days of the return of EXCEEDS Property by the Member.
If a Member, Associate Member, or any authorized passenger, breaches any of these Terms and conditions, or the Agreement, or if a Member, Associate Member, or any authorized Passenger provides any false or misleading information to EXCEEDS, EXCEEDS will terminate the Carsharing Membership. Termination will be effective immediately and EXCEEDS shall provide the Member with notice of termination of Carsharing Membership.
Amendments to the Terms and Conditions
EXCEEDS may amend the Terms and Conditions at any time. Any amendment which alters these Terms and Conditions, unless specifically permitted to take effect without notice as set herein, must be made in writing. A summary of charges, with the previous and new text, and reason or justification for the change must be approved at a Board of Director’s meeting.
Typically, amendments shall take effect two (2) weeks after the date on which the notice is provided to Members. In the instance that an amendment is required to take effect immediately, Members shall be notified of the amendment through electronic mail.
Changes to Carsharing fees shall also be approved at a Board of Directors meeting, and Members shall be notified of changes through electronic mail.
Severability
In the event that any of these Terms and Conditions and/or the Agreement is determined to be unenforceable by a Court of competent jurisdiction, then such term, condition or provision shall be severable from the remainder of these Terms and Conditions and/or Agreement and the remainder shall be unaffected thereby and shall remain in full force and effect.
Choice of Law
The Terms and Conditions and the Agreement shall be governed by and construed in accordance with the laws in force in City of New Jersey. The parties hereby attorn to the exclusive jurisdiction of the courts of the City of New Jersey.
Notice
If the Terms and Conditions and/or the Agreement requires EXCEEDS to provide a Member with notice, such notice may be provided to the Member in any or all of the following means:
- A posting on the EXCEEDS website;
- Electronic mail;
- Telephone;
- With the regular invoice; or,
- A posting in the EXCEEDS Vehicle
Members shall ensure that the contact information provided to EXCEEDS remain current at all times. EXCEEDS shall not be held responsible should a Member fail to receive a notice in accordance with the Terms and Conditions or the Agreement due to incorrect or incomplete contact information.
