Last updated: June 28, 2020
If you do not fully agree to the terms of this Agreement and any other terms and conditions posted or linked to the website, you are not authorized to access or otherwise use the website or Services. Company reserves the right to update this Agreement at any time, at the sole discretion of Company, with or without notice to you. Any modification to this Agreement will take effect immediately. Your continued use and access to the website and Services indicates that you agree to any and all modifications to this Agreement and also that you acknowledge you will be bound to the terms contained herein as thereby modified. Certain areas of the website or Services, and your access to or use of certain aspects of the Services or Collective Content (defined below) or different programs or offers that we may extend to you, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Use of the Services is restricted to those persons who are eighteen (18) years of age and older. Any use of the Services by anyone under that age is expressly prohibited. By utilizing the Services, you warrant you are the requisite minimum age, and that you have the right, authority, and capacity to agree to and abide by this Agreement.
“Collective Content” means Member Content and Company Content.
“Company Content” means all Content that Company makes available through the website or Services, including any Content licensed from a third party, but excluding Member Content.
“Content” means text, graphics, images, music, software (excluding the Company mobile application), audio, video, information and any other content or materials.
“Gear” means a general category or sub-category of outdoor equipment (e.g., hardshell kayak, 20 degree sleeping bag, inflatable standup paddleboard, 3-person backpacking tent, etc.) listed by Company from time to time on the website as available for rent via the Services. “Gear” does not refer to any specific brand or item of equipment and is not linked to any particular Owner.
“Member” means a person who completes Company’s account registration process, including, but not limited to Owners and Renters.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available on the website or through the Services.
“Owner” means a Member who owns Rental Gear.
“Rental Gear” means a specific item of Gear owned by an Owner and made available for rental through the website and Services.
“Renter” means a Member who requests a booking of Gear through the website and Services.
“Services” means the services provided through the website, pursuant to which Renters may rent Rental Gear from Owners for a period of time for a price set by Company.
“Tax” or ”Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“User” means a party visiting the website and/or requesting a Gear reservation on the website. Users include Members.
Company is not and does not hold itself out to be a party to any rental or other agreements between Owners and Renters. Company does not endorse or hold itself out to endorse any Members. In addition, Company is not a broker, agent or insurer of Rental Gear. Company does not have control over the conduct of Owners, Renters or any others that may use the website or Services. Company expressly disclaims all liability in regard to the foregoing to the maximum extent permitted by law. Accordingly, Owners and Renters are acting on their own behalf and at their own risk.
Company is not an owner of Rental Gear rented through the website, nor is it the provider of such Rental Gear. Company does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Rental Gear. Company’s responsibilities are limited to facilitating the availability of the website and Services.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the website, their use of any tool, service or product offered on the website and any transaction they enter into on the website or in connection with their use of the website.
Owners further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the availability and use of their Rental Gear and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to Rental Gear available for rental through the website, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your Rental Gear in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
The Services provided through Company’s website connect Owners and Renters, so that Owners may claim Renters’ requests to rent Rental Gear for the rental period designated by the Renter for the price established by Company and posted on the website at the time of booking. The Services are intended to be used to facilitate Owners’ rental of Rental Gear to Renters; however, if you wish to book or offer Rental Gear for rental, you must first register and create an account.
Users are granted a limited, revocable non-exclusive license to access the website and the Services solely for the purpose of searching for Gear, obtaining or submitting information about Rental Gear, booking Rental Gear, or claiming a Renter’s offer to rent Rental Gear, or for any other purpose clearly stated on the website, all in accordance with this Agreement. Any use of the website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited.
Forms. Any and all rental agreements and other forms provided by Company, regardless of the nature of the contract, form, or documentation, are provided as a template and are not to be considered representation or prepared for either rental party on behalf of Company. Rental parties utilize such forms at their own risk and responsibility.
Rental Gear. Owners may identify and describe their Rental Gear when they log into their accounts. By so doing, Owners are representing that their Rental Gear is clean, in good working condition, and meets the requirements outlined on the website and/or in this Agreement, that the Owner would not hesitate to use their Rental Gear personally, that any photos, specifications or other information they are providing is a true, correct and accurate representation of the actual Rental Gear, and that they are not misrepresenting their Rental Gear in any way.
Each Owner further represents and warrants that the Owner’s Rental Gear and the Owner’s claim of a booking of, or a Renter’s use of, the Rental Gear: (i) will not breach any agreements the Owner entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Rental Gear made available by such Owner (including having all required permits, licenses and registrations); and (b) not conflict with the rights of third parties.
Please note that Company assumes no responsibility for a rental party’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Company disclaims any responsibility for the accuracy of descriptions of Rental Gear or any other information provided by Owners. Company reserves the right to edit any portion of Rental Gear descriptions or depictions provided by Owners. Further, Company reserves the right to (but is under no obligation to) terminate an Owner’s ability to claim Gear bookings, without notice to the Owner, either temporarily or permanently, if Company believes that any of the information posted is inaccurate and/or misrepresents the Rental Gear in any way.
Member Content. By making available any Member Content on or through the website or the Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Without limiting the generality of the foregoing, Company may aggregate Member Content and other Member or User data with the data and information of other Members and Users of the Services for purposes of data analytics and in order to measure, enhance, and improve the Services; provided, that any such aggregation or analysis will be on an anonymous, non-personally identifiable basis, and will not identify any data as belonging to or being provided by any specific customer or other organization.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such Member Content, as contemplated under this Agreement; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Company’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The license to use the website and Services granted to Users does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Unauthorized uses of the website also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING AND RENTAL OF RENTAL GEAR. COMPANY CANNOT AND DOES NOT CONTROL THE RENTAL GEAR OFFFERED BY OWNERS WHO CLAIM BOOKINGS AND/OR THE AVAILABILITY, CONDITION, LEGALITY OR SUITABILITY OF ANY RENTAL GEAR. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS OF GEAR AND RENTAL GEAR. ACCORDINGLY, ANY BOOKINGS OR RENTAL TRANSACTIONS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.
You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the website or through any Services, transaction or software, we have granted to you a license to use such information only for: (i) website-related communications that are not unsolicited commercial messages, (ii) using Services offered through the website, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the website. Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a User, even a User who has rented Rental Gear from you or to you, to your mailing list (email or physical mail) without the User’s express consent. You may not use any tool or service on the website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate this Agreement.
In order for an Owner to accept (or “claim”) a Renter’s request to make a booking for a type of Gear listed on the website as available for rent, the Owner must become a Member and sign up with an account through Company. Each Renter must create an account in order to use the Services and rent Rental Gear. Accounts may be created with a valid email address. Company reserves the right to terminate an account at any time with no notice you.
In order to access and use the Service, you will be required to apply for and obtain a user name and password. You are responsible for maintaining the security and confidentiality of any user name or password assigned to you. You agree to (i) keep the email address, password and user name for your account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your user name and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new user name and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your user name and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your user name and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your user name and password for your account with us. However, if you do give someone your user name and password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH MEMBER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY MEMBER’S USER NAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USER NAME AND PASSWORD FOR YOUR WEBSITE ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH COMPANY AND OTHER USERS.
Although this Agreement requires all Members to provide accurate information, Company does not attempt to confirm, and does not confirm, any Member’s purported identity or other information provided by the Member. It is your sole responsibility for determining the identity and suitability of others who you contact via the Services. Except as provided by this Agreement, we will not be responsible for any damage or harm resulting from your interactions with any User or other party through the website or the Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent Rental Gear from an Owner, or to a Renter, or to accept (or claim) a booking request from a Renter, or to have any other interaction with any User or other party. We are not responsible for any damage or harm resulting from your interactions with other Users or third parties.
Further, we may, without notice to you, suspend or cancel the availability of your Rental Gear or booking(s) or claiming of booking(s) of Rental Gear at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Company uses the third-party payment platform, Stripe, Inc. (“Stripe”), to process credit and debit card transactions. Owners will be required to establish a Stripe Connect account. By using Stripe, you agree to be bound by Stripe’s Terms of Service. Further information about Stripe and its services can be found at https://stripe.com/connect.
You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Company shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You understand that the Stripe API is subject to change at any time. Members are expressly prohibited from processing stolen credit cards or unauthorized credit cards through Stripe.
Gear rental pricing is set solely by Company and posted on the website. Owners are responsible for claiming rental orders and the first Owner to claim a rental will earn the right to rent collect payment from the Renter through Company’s secure payment system. All payments by Renters are via credit card.
A booking of Rental Gear rental is only complete when the payment for the booking has been processed through Company’s secure payment system, which will automatically occur if and when an Owner claims the booking.
If a booking is not claimed by an Owner prior to 12:01 a.m. on the rental start date , the booking request will be automatically canceled. Notwithstanding the foregoing, booking requests for same day rentals will be automatically canceled if the booking is not claimed by an Owner prior to 11:59 p.m. on that day. When an Owner claims a booking, Company will send the Renter an email, text message or message via the Services confirming such booking.
By utilizing a rental agreement as part of the Services or otherwise displaying terms relating to the rental as part of the online booking process (including such terms that we may require), the Renter and Owner each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the booking process (including without limitation the cancellation refund policy) effective as of the date that the Renter indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that (i) you are fully responsible for such terms and conditions, (ii) any rental agreement used, whether a sample provided by the Company or other agreement, is used solely at your own risk and expense, (iii) nothing contained in the rental agreement, on the website or in this Agreement is a substitute for the advice of an attorney and (iv) that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent the Rental Gear, rules, features, etc.
Each Owner collecting payment from Renters for the rental of Rental Gear via the website and Services hereby appoints Company as the Owner’s limited agent solely for the purpose of collecting such payments. Each Owner agrees that payment made by a Renter to an Owner through Company shall be considered the same as a payment made directly to the Owner and the Owner will make the Rental Gear available to the Renter in the agreed upon manner as if the Owner had received payment directly from the Renter. Each Owner agrees that Company may, in accordance with the cancellation policy established by Company and reflected in the relevant rental agreement: (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the payment specified in the applicable cancellation policy. If there is a dispute concerning the cancellation policy or any refunds, Company must be contacted at least twenty-four (24) hours prior to the rental start date. In accepting appointment as the limited payment collection agent of the Owner, Company assumes no liability for any acts or omissions of the Owner. Owner understands and recognizes Company as the limited payment collection agent and agrees that Company controls the disbursement of all funds in accordance with this Agreement and the applicable cancellation policy and that Company has the final say in all payment disputes. In accepting appointment as the limited payment collection agent of the Owner, Company assumes no liability for any acts or omissions of the Owner.
Please note that Company does not currently charge fees to Owners for making their Rental Gear available for rental. However, you acknowledge and agree that Company reserves the right, in its sole discretion, to charge Owners for and collect fees from Owners for making their Rental Gear available for rental, or for other features of the Services. Please note that Company will provide notice of any such additional fees via the Services, prior to implementing such fees.
Renters will be solely responsible for the condition of the Rental Gear from the time received until the time the Rental Gear is returned to the Owner (the “rental period”). Renters (and not Company) will be held liable for any and all damages to the Rental Gear that occur during the rental period. Further, Renters will be held liable for any damage that cannot be proven to have existed prior to the rental period. All Members agree to assist Company in the settlement of security deposit and other claims and dispute resolution.
In addition to rental fees calculated at the time the Renter requests a booking of Rental Gear, the Renter will pay a security deposit, calculated at the applicable rate specified on the website for each item of Rental Gear, up to a maximum aggregate security deposit of Two Hundred Dollars ($200.00) for all items of Rental Gear included in a single transaction (the “Security Deposit”).
For rental periods of five (5) days or less: One (1) day prior to the rental start date Company will place a hold on the Renter’s credit card for the full amount of the Security Deposit, but Company will release the hold and the Renter’s credit card will not be charged if Company does not receive a written request from the Owner to be paid all or a portion of the Security Deposit (a “Security Deposit Claim”) prior to 11:59 p.m. on the last day of the rental period. If Company receives a Security Deposit Claim prior to that time, Company will charge the Renter’s credit card for the full amount of the Security Deposit or any lesser amount requested by Owner in the Security Deposit Claim, and Company will hold the Security Deposit funds collected by Company in escrow until the claim is resolved.
For rental periods longer than five (5) days: One (1) day prior to the rental start date Company will charge the Renter’s credit card for the full amount of the Security Deposit, and Company will hold the Security Deposit funds collected by Company in escrow. If Company does not receive a Security Deposit Claim from the Owner prior to 11:59 p.m. on the third day following the end of the rental period, Company will promptly release from escrow and refund to the Renter the full amount of the Security Deposit collected by Company. If Company receives a Security Deposit Claim from the Owner prior to that time, Company will hold the Security Deposit funds collected by Company in escrow until the claim is resolved.
Company will provide the Renter with a copy of any Security Deposit Claim and release the requested amount to the Owner if the Renter does not dispute the claim by giving Company written notice of the Renter’s objection within seventy-two (72) hours following receipt thereof. Should a dispute arise between the rental parties, Company may request additional information from either rental party, and Company will use commercial standards and act as a neutral third party to settle the dispute. Company will serve as the final authority on resolving all Security Deposit disputes.
If Company determines that you, as a Renter, are responsible for damaging Rental Gear rented pursuant to this Agreement, you authorize Company to charge the credit card used to make the booking in order to collect the Security Deposit associated with the rental. Any amounts charged to the Renter in excess of the rental fee and Security Deposit must be expressly agreed to by the Renter in writing before Company will charge the Renter’s credit card for the excess amount.
Members are solely responsible for obtaining insurance coverage sufficient to protect their Rental Gear, themselves, their guests, or trip, as applicable. Owners agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of their Rental Gear before making the Rental Gear available for rent through the website and will maintain adequate insurance coverage for so long as their Rental Gear is available for rent through the website. Further, Owners agree to provide Company with copies of relevant proof of coverage upon request.
It is the sole responsibility of Owners to ensure that Renters have obtained and secured insurance coverage for their Rental Gear. Additionally, it is sole responsibility of Owners to check the insurance policy of the Renter so make sure that the policy obtained is satisfactory.
In consideration for your access to and use of the Services, you agree to pay the fees, charges, and other amounts set forth herein or that may otherwise be charged by Company from time to time and as set forth on the website or the Services. Payment for Services will be paid via credit card directly to Company. In the event of non-payment or late payment, Company reserves the right to suspend services until the full amount due is paid in full. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including Company’s attorneys’ fees. You will continue to be charged for amounts owed hereunder during any period of payment delinquency. Further, and without limiting any other rights or remedies available to Company hereunder or under applicable law, in the case of any payment default, Company, may, in its sole discretion, remove or delete any of your Member Content or other data that may be stored or maintained by you on the Services. Removal of such Member Content or data does not relieve you of your obligation to pay any outstanding charges assessed to your account. Company will not be obligated to restore any Member Content or other data removed from the Services for Members or other users who are in default.
Company charges a Service Fee payable by Renters who book via the website. The Service Fee covers the use of the website and Services, and is calculated as a percentage of the total reservation amount (which may or may not include additional fees, taxes and deposits). The exact Service Fee charged will be disclosed to Renters at the time of booking. The Service Fee will be refunded along the following lines (see section 16 for details of cancellation policies):
Any taxes alleged by any taxing authority to be owed on the Service Fee are the responsibility of Company.
The fees listed below are related to any post-rental resolution between the Owner and the Renter. Failure to charge any of the fees below shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.
Administrative Fee. Company charges a ten percent (10%) administrative fee to any charges covering out-of-pocket expenses for the Owner (damages, etc.).
Late Fee. If a Renter returns Rental Gear after the agreed rental period end time, such Renter will be charged a late fee. This late fee is calculated by combining an administrative fee of ten percent (10%) to the prorated hourly rental rate (based on the daily rate for the Rental Gear returned late). There is a one (1)-hour grace period with each rental. If the late return results in the disruption of another rental, the Renter will pay the full daily rate for every eight (8) hours the Rental Gear is late. These charges will be added to the initial agreed rental rate and deducted from the Renter’s Security Deposit.
Dirty Gear Fee. We understand that Rental Gear gets dirty from outdoor use. Returning Rental Gear with a normal amount of dirt is acceptable and will not result in any additional charges. However, if Rental Gear is returned in an unduly dirty condition, the Owner may charge the Renter, possibly through Company, an additional cleaning fee which may be deducted from the Renter’s Security Deposit. These fees may vary for each Owner.
No-Show Fee. If the Owner does not show up to meet the Renter and make the Rental Gear available for the Renter at the agreed upon rental start time, Company will treat this as an Owner cancellation. If a Renter does timely contact Company to cancel the rental, the Renter will be charged the total amount for the rental period until the issue is resolved. If the Renter does not show to pick up the Rental Gear, it will be treated as a Renter cancellation and subject to the cancellation policy in section 16.
Damage Fee. In the case of any damage to rented Rental Gear, the Renter will be charged the actual cost of repair including parts and labor costs plus a ten percent (10%) administrative and processing fee.
Lost Gear Fee. Any Rental Gear that is lost or damaged beyond repair will be valued at Amazon’s Internet retail pricing for comparable item(s) and that amount will be charged to the Renter plus a ten percent (10%) administrative and processing fee.
Cancellations can be made by Renters before a rental is claimed by an Owner free of charge (payment is not collected for the rental until it is claimed by an Owner). The policies below apply once a rental has been claimed by an Owner and the rental fee has been charged.
Renters are entitled to a full refund of monies paid, including Company’s Service Fee, for all cancellations made by Owners.
Renters are entitled to a full refund of monies paid, less Company’s Service Fee, for all cancellations made by the Renter more than two (2) days prior to the rental start date. If a Renter cancels between two (2) days and one (1) day prior to the rental start date, the Renter is only entitled to a seventy percent (70%) refund of all monies paid, less Company’s Service Fee. Once the rental period starts, the booking is non-refundable.
Any Renter who wishes to cancel their booking must submit a cancellation request through the website. The cancellation request will be processed according to the foregoing cancellation policy.
In order to receive any type of refund, cancellations by Renters must be made by 11:59pm local time on the day set forth in the cancellation policy.
From time to time, at Company’s sole discretion, Company may offer refunds outside of the cancellation policy.
In the event that a Renter initiates a chargeback with their credit card company, for either rental fees or a Security Deposit, Company will inform the Owner that a chargeback has been initiated. If Company deems that the chargeback is not warranted, Company will use commercially reasonable efforts to dispute the validity of the chargeback on the Owner’s behalf. Owner agrees to cooperate with Company and to provide any information that may be reasonably requested by Company in its investigation. If you are an Owner, you authorize Company to share information about a chargeback with the Renter, the Renter’s financial institution, and Owner’s financial institution in order to investigate or mediate a chargeback. In the event that a chargeback dispute is lost, and funds are debited from Company’s account, Owner authorizes Company to, without notice, recapture such amount from Owner’s account or to withhold such amount from any payment due to Owner now or in the future. Owner acknowledges that chargeback decisions are made by the applicable issuing bank, card networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, card networks, or NACHA.
If you are an Owner, you understand and agree that you are responsible for determining your applicable Tax-reporting requirements in consultation with your tax advisors. Company does not offer tax, accounting, financial, legal, or any other professional advice to any users of the website or the Services. Additionally, except as otherwise provided in this section, note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in their Rental Gear rentals. In compliance with state and local tax laws, Company may be required to collect and remit applicable taxes on behalf of Owners.
WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM ANY MEMBER OR OTHER USERS OF THE SERVICES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES REMAINS WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR OTHER USERS OF THE WEBSITE OR THE SERVICES, OR TO INSPECT ANY RENTAL GEAR. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR OTHER USERS OF THE WEBSITE OR THE SERVICES. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO OWNERS AND RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER, OR OTHER THIRD PARTY. YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER OR OTHER USER.
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY RENTAL BOOKING, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE WEBSITE WITH RESPECT TO THESE TERMS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
The website and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS, AS AVAILABLE BASIS. COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; NOR DOES IT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES, MAKING RENTAL GEAR AVAILABLE FOR RENT, OR RENTING RENTAL GEAR. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE WESITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, ATTORNEYS AND AGENTS (COLLECTIVELY, THE “COMPANY GROUP”) FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE.
YOU EXPRESSLY WAIVE AND RELINQUISH ANY RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY OTHER SIMILAR PROVISION OF OTHER APPLICABLE LAWS, AND DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANCE AND CONSEQUENCE OF SUCH SPECIFIC WAIVER. SECTION 1542 READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE COMPANY GROUP HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE COMPANY GROUP IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Company’s right to amend this Agreement, in whole or in part, does not apply to this “Disputes; Arbitration” section. The version of this “Arbitration” section in effect on the date you last accepted the Agreement controls.
Any and all claims will be resolved by binding arbitration, rather than in court, except you may assert claims on an individual basis in small claims court if they qualify. This includes any claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted the terms of this Agreement regardless of whether prior versions of the Agreement required arbitration.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to Company. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
You and Company acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable claims. You and Company acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all claims. Further, unless you and Company both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
If, in our sole discretion, any Member submits unsuitable material to our website or into our database, is not abiding by local regulations, misuses the website or our Services or is in material breach of this Agreement, we reserve the right to limit the Member’s use of the website, and/or terminate such Member’s ability to make or claim bookings immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding a Member’s Rental Gear or rental practices that, in our sole discretion, warrants the immediate removal of such Member’s Rental Gear from rental booking or availability through the website, then we may immediately terminate such Member’s ability to make or claim bookings without notice to the Member and without refund. We assume no duty to investigate complaints. Finally, if any Member is abusive or offensive to any employee or representative of the Company Group, we reserve the right to terminate such Member’s ability to make or claim bookings immediately without refund. In addition to reserving the right to terminate any Member’s ability to make or claim bookings, Company reserves all rights to respond to any violation of this Agreement or misuse of the website by, including, but not limited to, removing or changing information that may be false or misleading.
You agree that monetary damages may not provide a sufficient remedy to Company for your violation of this Agreement and you consent to Company obtaining injunctive or other equitable relief for such violations. Company may release Member Content and other information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Company is not required to provide any refund to you if you are terminated as a Member or user of the Services because you violated this Agreement.
A Member or other User of the website or Services may terminate this Agreement with Company at any time with written notice of such party’s intent to cancel. Company may terminate this Agreement at any time for any reason or no reason, with no notice to a Member or other User of the website or Services. If you or we terminate this Agreement, the clauses of this Agreement that reasonably should survive termination of the Agreement will remain in effect.
Company expressly reserves all rights in the website, the Services, and all other materials provided by Company hereunder not specifically granted to a User. It is acknowledged that all right, title and interest in the website, the Services, and all other materials provided by Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Company (or third party suppliers, if applicable) and that the Services and all other materials provided by Company hereunder are licensed and not “sold” to the applicable party. Names, logos, and other materials displayed on the website and the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Company or other entities. No User of the website or the Services is authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Company or those other entities. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.
No Partnership. Nothing contained in this Agreement places you and Company in the relationship of principal and agent, master and servant, partners, or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law. These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided us), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Revisions to Website; Revisions to this Agreement. This version of the Agreement became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend this Agreement, in whole or in part, at any time. Notification of any amendment will be posted on the website by the indication of the last amendment date at the top of this Agreement and will be effective immediately. When you log-in or otherwise continue to use the website or the Services, you will be using the website and the Services subject to this Agreement (as updated). Should any modification or amendment to this Agreement not be effective, for whatever reason, the prior version of this Agreement shall remain in effect between you and Company and shall be controlling. Company reserves the right in its sole discretion to review, improve, modify, terminate, or discontinue, temporarily or permanently, the website, the Services or any content or information available thereon with or without notice to you or any user. You agree that Company shall not be liable to you or any third party for any modification or discontinuance of the website or the Services.
Headings. The headings contained herein are for convenience only and are not part of this Agreement.
Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of a User or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of you and Company. Notwithstanding the foregoing, if there is a conflict between this Agreement and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices. For notices that are directed to you as part of Company’s general Member or User base, Company may give notice by means of any of the following: (a) a general notice on the Services; (b) by electronic mail to your e-mail address on record in Company’s account information; or (c) by written communication sent by first class mail or pre-paid post to your address listed in Company’s account information. All notices sent to you specifically under this Agreement (and not sent to the general customer base) shall be in writing, and may be given by means of any of the following: (x) by electronic mail to your e-mail address on record in your account information; or (y) by written communication sent by first class mail or pre-paid post to your address listed in your account information. All notices to be delivered by you to Company shall be in writing and shall be delivered by electronic mail to Company at the following address: email@example.com. Either Company, on one hand, or you, on the other hand, may update its contact information for receiving notices by providing writing notice of such update to the other party in the manner provided in this paragraph. A notice delivered electronically hereunder will be deemed to have been delivered on the date and time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 p.m. local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of you or any other party. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement, the Company, its website, or the Services may be brought by either you more than two years after the cause of action has arisen.
Copyright Policy; Notice of Infringement. The website and the Services are protected by U.S. copyright laws. You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without our prior written consent.
We will terminate the privileges of any Member or other User who uses the website or the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, Members who submit Member Content to the website or the Services, whether articles, images, stories, software or other copyrightable material must ensure that the Member Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the User that they have used this website or the Services as an instrument of unlawful infringement, we will terminate the infringing User’s rights to use and/or access to the website and the Services. We may also, in our sole discretion, decide to terminate a Member or other User’s rights to use or access the website or the Services prior to that time if we believe that the alleged infringement has occurred.
If you believe that your work has been copied on the website in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Links. The Services or the website may automatically produce search results that reference or link to third party sites throughout the global Internet. Company has no control over these sites or the content within them. Company cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Company does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the website or the Services to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of the website or the Services to obtain search results or to link to another site. If you have a problem with a link from the website or the Services, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.
Feedback. We love to hear what you have to say about Company, the website, or the Services, whether good or bad and encourage, all Members and other Users to provide feedback, comments, and suggestions (collectively, “Feedback”) to us at any time. You may send us feedback at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.