Thank you for signing up with RentKiteBoards! We are excited to make it easy to rent kite boards.
This document sets out contractual terms for your participation in the RentKiteBoards Marketplace. The terms are legally binding on you, so it’s important that you read and understand them.
If you have any questions for us concerning the Agreement or the RentKiteBoards Marketplace generally, please contact us at email@example.com
Thank you for your interest in RentKiteBoards and we look forward to helping you rent a kiteboard!
- The rentkiteboards Team
1.1. Key Terms
“RentKiteBoards Content” means all Content that RentKiteBoards makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“User” means someone who is browsing the site but has not yet become a Member.
“Member” means a person who completes RentKiteBoard’s account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below.
“Renter” means a Member who requests a rental of a board via the Site, Application or Services.
“Owner” means a Member who posts a board for rent via the Site, Application and Services.
“board” means an asset that is listed by an Owner as available for rental via the Site, Application, and Services.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Collective Content” means Member Content and RentKiteBoards Content.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“Security Deposits” means any dollar value chosen by the Owner to cover damages or misuse of their board incurred by a Renter.
1.2. RentKiteBoards Only Provides a Venue
The Service is a Marketplace platform for enabling connections between Members. RentKiteBoards does not take part in the interaction between Members. RentKiteBoards does not have control over the quality, reliability, integrity, accuracy, timing, legality, failure to provide, truthfulness, omissions or any other aspect whatsoever of any ratings provided by Users or Members whether in public, private, or offline interactions. RentKiteBoards cannot confirm that each Member is who they claim to be. RentKiteBoards does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
NEITHER RentKiteBoards NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. RentKiteBoards AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
RentKiteBoards PROVIDES A MARKETPLACE THAT ENABLES board RENTAL SERVICES BETWEEN OWNERS AND RENTERS. RentKiteBoards IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE board MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RentKiteBoards HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY OR THROUGH RentKiteBoards, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RentKiteBoards MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY ASSETS RENTED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RentKiteBoards WILL CREATE ANY EXPRESS WARRANTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.
1.3. Liability in kiteboarding
You recognize and acknowledge that kiteboarding is inherently dangerous and unpredictable. You further acknowledge that you may be subjected to risk, dangers and hazards that could result in illness, bodily injury, death, or loss of personal property; that these inherent risks, dangers and hazards may arise at any time, including but not limited to, falling, falling objects, drowning, temperature exposure, board failure, improper use of board, inadequate or improper instruction or assistance, exposure to wild animals including poisonous animals, insects, debris, plants, unpredictable forces of nature, inclimate weather, dehydration, unsanitary food and hydration. We are not responsible for any accidents that may arise from your activity or use of boards you acquire through the use of this site, and you hereby agree to indemnify us from any claims, charges or costs arising from your use of our board or any related activities. We do not expressly or otherwise guarantee or warrant the board for any specific performance or purpose other than as it is described. If any item of board malfunctions or otherwise fails to perform in any way, our maximum liability to you is the rental value paid for the item of board.
1.4. Your Commitments
You agree that you will always use the Marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by RentKiteBoards. You promise RentKiteBoards that you have the legal right to enter into this Agreement and to use the Marketplace. You promise that your activities with RentKiteBoards won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.
1.5. Registration and Verification
When you sign-up for various services offered by RentKiteBoards, you will provide certain information about yourself and your boards. You promise to provide complete and accurate information to RentKiteBoards. RentKiteBoards may 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 RentKiteBoards to request, receive, use and store such information for a reasonable period of time. RentKiteBoards may accept or reject your registration application in its discretion for any reason.
1.6. Ongoing Information Updates
Users of the Service rent boards directly from other Users. RentKiteBoards facilitates this by supplying a medium for communication and the exchange of money. Payment will be processed within 24 hours of the start of a rental period. The payment must be paid through the Service. Any payments paid in cash outside of the Service are NOT subject to refunds. Owners may choose to include a deposit and the value of said deposit for any board items they post to the Site such that the Renter can be charged for damages or blatant misuse of the rented item. If the Owner chooses to charge the deposit to a Renter, this must be done within 48 hours of the end of the rental period.
1.8. Billing and Payment
RentKiteBoards will charge your credit card according to the amount agreed upon between you and RentKiteBoards for the use of the Service, and you hereby authorize us to charge your credit card for such amounts. RentKiteBoards retains the right, in its sole discretion, to place a hold on any payment for a completed rental transaction.
RentKiteBoards has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by RentKiteBoards, in each case in RentKiteBoards' sole discretion.
You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on RentKiteBoards' income).
1.9. Security Deposits
Owners may choose to include security deposits for each item of board (“Security Deposits”). Each item of board will describe whether a Security Deposit is required. If a Security Deposit is included for an item of board then RentKiteBoards will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the item rental exchange. RentKiteBoards is not responsible for administering or accepting any claims by Owners or Renters related to Security Deposits, and disclaims any and all liability in this regard.
The Service is only a venue for connecting Users. Because RentKiteBoards is not involved in the actual communication between Users, in the event that you have a dispute with one or more Users or Members, you release RentKiteBoards (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. RentKiteBoards expressly disclaims any liability that may arise between Users of its Service.
1.11. User Conduct
You understand and agree that you are solely responsible for compliance with any and all state and federal laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Service for any purpose, including, but not limited to posting or completing a rental, in violation any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or allow any other person or entity to use your identification to post or view comments.
Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
Restrict or inhibit any other User from using and enjoying the Public Areas.
Access, tamper with, or use non-public areas of the Site or Application, RentKiteBoards' computer systems, or the technical delivery systems of RentKiteBoards' providers;
Imply or state that any statements you make are endorsed by RentKiteBoards, without the prior written consent of RentKiteBoards.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
Hack or interfere with the Service, its servers or any connected networks.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RentKiteBoard or any of RentKiteBoard’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by RentKiteBoards.
Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
When acting as a Renter or otherwise, recruit or otherwise solicit any Owners or other Users to join third party services or websites that are competitive to RentKiteBoards, without RentKiteBoard’s prior written approval;
Register for more than one RentKiteBoards Account or register for an RentKiteBoards Account on behalf of an individual other than yourself;
Offer, as an Owner, any board that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list board as an Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
RentKiteBoards will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. RentKiteBoards may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RentKiteBoards has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. RentKiteBoards reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that RentKiteBoards, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
1.12. Account, Password, Security and Cell Phone Use
In order to access certain features of the Site and Application, and to book a rental or to upload board, Users must register to create an account (“RentKiteBoard Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your RentKiteBoard Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to RentKiteBoard through the Site, Services or Application; or (ii) allowing RentKiteBoard to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to RentKiteBoard and/or grant RentKiteBoard access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating RentKiteBoard to pay any fees or making RentKiteBoard subject to any usage limitations imposed by such third party service providers. By granting RentKiteBoard access to any Third Party Accounts, you understand that RentKiteBoard will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your RentKiteBoard Account and RentKiteBoard Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your RentKiteBoard Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or RentKiteBoard’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your RentKiteBoard Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. RentKiteBoard makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and RentKiteBoard is not responsible for any SNS Content.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or RentKiteBoard for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. RentKiteBoard has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact RentKiteBoard immediately.
You may not have more than one (1) active RentKiteBoard Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. RentKiteBoard reserves the right to suspend or terminate your RentKiteBoard Account and your access to the Site, Application and Services if you create more than one (1) RentKiteBoard Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. RentKiteBoard will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.
1.13. Links to Other Websites
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by RentKiteBoard of those sites or their content. Such links are provided as an information service, for reference and convenience only. RentKiteBoard does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the RentKiteBoard Service as well as any advertisements displayed in connection therewith) does not mean that RentKiteBoard endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
1.14. No Solicitation
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through RentKiteBoard without express written permission from RentKiteBoard.
You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of RentKiteBoard.
1.15. Your Information
“Your Information” is defined as any information and materials you provide to RentKiteBoard or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to RentKiteBoard that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for RentKiteBoard or cause RentKiteBoard to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Service Owners User Generated Content relating to reviews of specific Users. Such reviews are opinions of Users, not the opinion of RentKiteBoard, have not been verified by RentKiteBoard and each User should undertake their own research before posting or renting board. You agree that RentKiteBoard is not liable for any User Generated Content. You hereby grant RentKiteBoard a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
1.16. Employment and Withholding
The Service is not an employment service and does not serve as an employer of any User. As such, RentKiteBoard will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if RentKiteBoard is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to RentKiteBoard an equivalent amount, including any interest or penalties thereon.
1.17. Termination and Suspension
RentKiteBoard may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, RentKiteBoard may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of RentKiteBoard posted through the Service from time to time, or if RentKiteBoard otherwise finds that you have engaged in inappropriate and/or offensive behavior. If RentKiteBoard terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, RentKiteBoard reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
1.18. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Service is owned by RentKiteBoard, excluding User Generated Content that RentKiteBoard has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. RentKiteBoard owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without RentKiteBoard's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of RentKiteBoard and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of RentKiteBoard, including without limitation RentKiteBoard and the RentKiteBoard logos are service marks owned by RentKiteBoard. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
1.19. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of RentKiteBoard and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify RentKiteBoard in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to RentKiteBoard upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of RentKiteBoard’s trade secrets, confidential and proprietary information and all other information and data of RentKiteBoard that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
1.20. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RentKiteBoard MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. RentKiteBoard DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND RentKiteBoard WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER RentKiteBoard NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER RentKiteBoard NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER RentKiteBoard NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
RentKiteBoard AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
1.21. No Liability
This Agreement describes all of RentKiteBoard’ obligations in the event of any loss or damage resulting from your participation in the Marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
IN NO EVENT WILL RentKiteBoard BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT RentKiteBoard IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD RentKiteBoard, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY RentKiteBoard OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL RentKiteBoard, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RentKiteBoard DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT RentKiteBoard OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO RentKiteBoard DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless RentKiteBoard, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. RentKiteBoard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of RentKiteBoard.
1.23. Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and RentKiteBoard agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to RentKiteBoard. RentKiteBoard’s address for such notices is RentKiteBoard, Inc., 34 Isabella Street, Boston, Massachusetts, 02116 Attention: Legal.
BINDING ARBITRATION. If you and RentKiteBoard are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and RentKiteBoard may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Massachusetts with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and RentKiteBoard agree that any arbitration will be limited to the Dispute between RentKiteBoard and you individually. YOU ACKNOLWEDGE AND AGREE THAT YOU AND RentKiteBoard ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and RentKiteBoard otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Massachusetts. You and RentKiteBoard agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Massachusetts state and Federal courts located in Massachusetts have exclusive jurisdiction and you and RentKiteBoard agree to submit to the personal jurisdiction of such courts.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
It will be your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
1.24. Governing Law
You and RentKiteBoard agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding”, if any portion of section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor RentKiteBoard will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and RentKiteBoard agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Massachusetts, without regard to choice of law principles.
1.25. Special Promotions
RentKiteBoard may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of RentKiteBoard, and can be activated, modified or removed at anytime by RentKiteBoard without advance notification.
1.26. No Agency
RentKiteBoard does not intend to appoint you or any other member as its employee, legal agent, partner, contractor, agency member, franchisee or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of RentKiteBoard and RentKiteBoard will not make commitments on your behalf, except as contemplated by the Marketplace or expressly stated in this Agreement.
1.27. General Provisions
Failure by RentKiteBoard to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and RentKiteBoard with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of RentKiteBoard, its successors and assigns.
1.28. Changes to this Agreement and Service
You may discontinue your use of the RentKiteBoard Marketplace at any time and RentKiteBoard may terminate your access to the RentKiteBoard Marketplace for any reason or no reason. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event RentKiteBoard terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your RentKiteBoard Account you will remain liable for all amounts due hereunder. Termination of access to the Marketplace will not release either party from any obligations incurred prior to the termination. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement. Please note that if your RentKiteBoard Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
2.1. Information Provided to RentKiteBoard
2.2. Fees and Losses
You are responsible for paying all fees when they come due in connection with your use of the Marketplace. You give permission to RentKiteBoard to charge your payment card for all amounts due, including but not limited to, usage fees, fines/penalties, deductibles and deposits. You will be responsible for payment of usage fees from the start of your rental period until the time you return the board.
With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you will be the primary source of funds for your liabilities hereunder. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the RentKiteBoard Marketplace. You agree that in the event damage is reported, the Owner may immediately charge you up to the amount stipulated with the deposit that was listed when you booked the board. Nothing in this Agreement is intended to limit your responsibilities or RentKiteBoard’ legal rights in connection with your use of the Marketplace.
You acknowledge that RentKiteBoard may require and hold a deposit as part of the reservation of board, and that if a deposit is required, you will be affirmatively notified by RentKiteBoard and have the option to make the deposit or cancel your reservation.
2.3. Use of the board
When you rent board through RentKiteBoard, you may use the board only for your personal use and not for any commercial purposes. You may not access the board until the beginning of your rental period and you must return the board on time. You must exercise reasonable care in your use of the board. In the event RentKiteBoard has any concern about your use of board, RentKiteBoard may terminate your reservation in its discretion at any time and require the return of the board, including recovering the board on behalf of the owner. You are also required to meet any laws or regulations concerning recreation.
The RentKiteBoard site provides a list of “Prohibited Uses” of any board rented through the RentKiteBoard Marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact RentKiteBoard customer service at support@RentKiteBoard.com. You will be fully responsible for any claims, loss or damage related to your misuse of board.
Prohibited activities include but are not limited to:
Using the RentKiteBoard Service for commercial purposes.
Using the board during or due to use in the commission of a crime or any other illegal activity.
Using the board and causing damage to board, property, or people, either intentionally, or with a willful or wanton recklessness or disregard for the safety of the board or other people or property.
2.4. Condition of the board
You understand that, unless otherwise specifically noted, the board offered though the RentKiteBoard Marketplace are owned by third parties and are not owned or maintained by RentKiteBoard. Each Owner is responsible for maintaining and repairing the board they offer through the Marketplace in a safe and usable condition. The Owner is ultimately responsible for the condition of the board at the beginning of the rental period. Please complete a visual inspection of any rented board before you begin the rental period. If you find damage in your initial inspection, you must notify the Owner immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the Owner can jointly agree and document such agreement, with supporting photographs, videos, or written descriptions of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, RentKiteBoard may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the board is not safe enough to use, please do not use the board; in that event, please contact the RentKiteBoard team immediately and we will ensure that your rental is canceled and you are not charged.
2.5. Incident Reporting
You must immediately report any damage to the board you are using to the Owner and to RentKiteBoard at support@RentKiteBoard.com. You will need to use all reasonable efforts to provide the owner and RentKiteBoard with a written description of the incident and any other supporting information such as pictures or video. It will be up to the sole discretion of the Owner as to whether they will apply the deposit for that item of board. RentKiteBoard assumes no responsibility for the replacement of damaged or misused board.
RentKiteBoard provides a Marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, RentKiteBoard and the applicable car owner do not intend to take liability with respect to your use of the RentKiteBoard Marketplace or the applicable car(s). AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST RentKiteBoard AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “RentKiteBoard PARTIES”) AND THE board OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS MARKETPLACE INCLUDING, WITHOUT LIMITATION, board NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN ANY board, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE RentKiteBoard PARTIES, ANY ACTIONS OR INACTION OF THE board OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
3.1. Forbidden board Some board will be explicitly forbidden from the RentKiteBoard Marketplace. This includes but is not limited to technical climbing equipment and avalanche beacons. RentKiteBoard reserves the right to remove any item of board from its Marketplace for any reason. 3.2. board Availability
Once you accept a rental and it is booked, you are required to make the board item(s) available as expected by the Renter. You must also include the location of the board on your profile page and ensure that the board is available at that location at the beginning of the rental period. This location can be of the Owner’s choosing and does not have to be the Owner’s permanent address.
3.3. Rental Fees
You will have the ability to set and revise the rental rates as you choose for your board on your profile page. RentKiteBoard will add the applicable fees to your rental rate such that the Renter sees your rate plus the applicable fees. RentKiteBoard will pay you the amount collected from those who rent your board, less the applicable fees payable to RentKiteBoard, as well as any taxes or similar charges that RentKiteBoard collects. You acknowledge that RentKiteBoard’ fees may change from time to time. The fees that apply to the Renter will be the same as posted on the RentKiteBoard site at the time of the applicable rental.
To the extent you owe RentKiteBoard money for any reason, RentKiteBoard also reserves the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. RentKiteBoard will need certain information from you to ensure we can report income paid to you as required by law. RentKiteBoard may withhold payments until we have received that information from you.
You are required to regularly check your board for any defects in its operations or safety. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If RentKiteBoard believes that your board does not conform to reasonable standards, RentKiteBoard will notify you and reserves the right to refrain from listing your board on the Marketplace until its concerns have been resolved.
3.5. Physical Damage
Subject to all of the terms of this Agreement, during each rental period, RentKiteBoard will not bear the risk of theft, destruction or damage with respect to your board. You should expect normal wear and tear on your board, including minor scrapes and dings, in connection with your participation in the Marketplace. In the event of a loss that is covered by this Agreement, the Owner will decide whether or not to charge the value of the deposit to the Renter if they feel the board has been damaged by the Renter. If you believe that a Renter has caused any damage to your board, you are required to report that damage to the Renter as soon as you become aware of it and in any event, no more than 48 hours after the reservation. RentKiteBoard assumes no responsibility for damages incurred by Renters or Owners and as such will not reimburse Owners or Renters under any circumstances.