Last updated on October 20,
2025. These Terms and Conditions are
effective immediately for users accessing or using the Website and/or Service
on or after October 20, 2025.
Adventure Share is a peer to peer
bicycle rental app (“App”) that
allows uses to rent bicycles to or from other users (the “Services”). The Services are
provided by Adventure Share, LLC (“Us” or “We” or “Adventure Share”), an
Arkansas limited liability company. The
following Terms and Conditions (“Terms of Use”)
govern your ability to use and access any content, functionality and services
offered through the App, whether as a viewer of the App or a registered user of
the Services.
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE
GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. THE SERVICES ARE AVAILABLE
FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH
BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR
USE THE SERVICES.
BY
ACCESSING, USING THE SERVICES OR MERELY BROWSING THE APP, YOU SIGNIFY YOUR
AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND
GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. THE
SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OLD TO USE THE
SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR
JURISDICTION, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND
AGREED TO THESE TERMS ON YOUR BEHALF.
Definitions
The
Company, Adventure Share, “we” or “us” refer to Adventure
Share, LLC and our
representatives and affiliates.
“You” includes yourself, your
representatives, your agents and any other third party acting on your behalf in
connection with the Services (as defined below) as a user.
A
“user” is someone who accesses or in
any way uses the Services.
AMENDMENTS
We may amend
these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these
Terms, we will notify you of the changes by posting the revised version on our
App and emailing you notice of the change. Any changes will become effective
upon the earlier of thirty (30) calendar days following our e-mail notice to
you (if applicable) or thirty (30) calendar days following our posting notice
of the changes on our App. Changes will
be effective immediately for new users of our Services. If you object to any such changes, we ask
that you cease using the Services. By
continuing to use the Services after we have posted modifications or amendments
to the Terms, you consent to such amendments and/or modifications.
ACCESS TO OUR
SERVICES
Accounts
Some features of the Services may require registration for an account
with us (“Account”).
You promise that any information about yourself that you provide to us will be
true, accurate, complete, and current.
Unless otherwise agreed upon in writing and subject to these Terms, we
grant you a limited, non-exclusive, nontransferable personal license to access
and use the Services.
Username and Password
Access to the App requires registration and logging into the App.
These Terms govern use of all portions of the App. Registration may require you
to provide your email and password as credentials for your account (“Credentials”) and/or to enter other
information, like your name or telephone number so that we can identify you and
contact you. Remember your Credentials and do not share these credentials with
anyone. Your Credentials will identify you to us when you return to our App. If
you forget your Credentials, you may not be able to access certain portions of
the Services. You are solely responsible to maintain the confidentiality of
your Credentials and for all activities when a user is logged into the Services
by your Credentials.
You agree to
immediately notify us of any unauthorized use of your Credentials or any other
security breach and ensure that you log out of the Services at the end of each
session. We will not be liable for damage or loss from your failure to comply
with these Terms. You may be issued a new password or be required to change
your password from time to time. Your Credentials are not transferable to other
users.
We reserve the right to restrict,
suspend, or terminate access to the Services for any Account because of
inactivity, identity theft or other fraudulent activity under that Account, or
any other reason we deem appropriate. We are not obligated to credit or
discount an Account for holds placed on the Account by either a representative
of Adventure Share or by the automated processes of Adventure Share.
We are available for your questions
regarding use of the Services at admin@AdventureShare.net.
RENTING BICYCLES BY BICYCLE
OWNERS
Adventure Share offers you the right to
use the App in accordance with these Terms to share your bicycle with your
community.
When you
accept a rental request for your bicycle, you are entering into a contract
directly with the renter and are responsible for delivering the bicycle rental
under the terms and at the price specified in your listing. You are also
agreeing to pay applicable fees like Adventure Share service fee (and
applicable taxes) for each rental. Adventure Share will deduct amounts you owe
from your payout unless we and you agree to a different method. Any terms or
conditions that you include in any supplemental contract with renters must: (i) be consistent with these Terms and the information
provided in your listing, and (ii) be prominently disclosed in your listing
description.
Your relationship with Adventure Share is
that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Adventure Share, except that
Adventure Share acts as a payment collection agent as described in these Terms.
Adventure Share does not direct or control your rental service
and you understand that you have complete discretion whether and when to
provide rental services and at what price and on what terms to offer them.
Responsibilities
You are responsible and liable for your
own acts and omissions and are also responsible for the acts and omissions of
anyone you allow to participate in providing your rental services. You are
responsible for setting your price and establishing rules and requirements for
your listing. You must describe any and all additional
fees and charges in your listing description. You are also responsible for
ensuring that all mandatory fees and charges applicable to your listing are
included in your price breakdown. You may not collect any fees or charges
outside the Adventure Share App.
Assumption of Risk
You acknowledge that renting your bicycle
carries inherent risks and agree that you assume the entire risk arising out of
your access to and use of the Adventure Share App, offering rental services, or
any interaction you have with other Users whether in person or online. You
agree that you have had the opportunity to investigate the Adventure Share App
and any laws, rules, regulations, or obligations that may be applicable to your
listings or our Services and that you are not relying upon any statement of law
made by Adventure Share.
RESERVATIONS AND CANCELLATIONS
Renters
If you wish
to rent a bicycle through the Service, you are required to review and accept
the Rental
Agreement and Liability, Waiver, and Release (collectively, the “Bicycle Rental
Agreement”)[2] included in these terms.
We shall
charge you for the rental services provided to you. You agree that you will pay
for all rental services you purchase and that we may charge your credit or
debit card account as provided by you when registering for the Service for the
rental services (including any taxes and late fees, as applicable) that may be
accrued by or in connection with your account. You are responsible for the
timely payment of all fees and for providing us with a valid
credit or debit card account for payment of all fees at all times.
Payments made are only refundable if the rental service is cancelled prior to
24 hours. We may also, at our sole discretion, place an authorization hold on
your credit or debit card to cover any fees, damages, or other such amounts
that may arise.
We use a
third-party payment processor (the “Payment Processor”) to link your credit or
debit card account to the App. The processing of payments or credits, as
applicable, in connection with your use of rental services will be subject to
the terms, conditions, and privacy policies of the Payment Processor and your
credit or debit card issuer in addition to this Agreement. We are not
responsible for any errors by the Payment Processor.
Bicycle Owners
If a renter cancels a reservation for
your bicycle with more than 24 hours notice, your
bicycle will be released back into the queue for rental. Fees for the rental
will only accrue for you if the renter takes possession of the bicycle for the
rental term. The amount paid to you is
the portion agreed upon during your registration of the bicycle for short term
lease.
If you cancel on a renter without a valid
reason, we may impose a cancellation fee and other consequences.
APP CONTENT
Content on
the App is offered to the general public as
informational. Your use of the App warrants that you will not use it for any
purpose that is unlawful or prohibited by these Terms of Use. Although the
Company attempts to ensure the accuracy and integrity of the information on the
App, it makes no representations, warranties, or guarantees as to the accuracy
of the App and its content, and as such, it is possible that the App could
include typographical or other errors, or inaccuracies, and that unauthorized
additions, deletions, and/or alterations could be made to the App by third
parties. In the event that any inaccuracy arises,
please inform us so that it can be corrected.
Our App may contain links to websites
owned by third parties. Such sites are provided solely as resources and as a
convenience to our users. These links, and any associated content, are not
intended to be an endorsement, recommendation, or referral for any website or
third party, and we are not responsible, nor do we make representation for any
content, information, security practices, or privacy policies for these
websites and/or third parties. If you, as a user of our App, decide to access
any third-party website using links from our App, you do so at your own risk.
App users are expected to independently assess whether information and
resources from any website, including ours, will meet their needs.
License and Ownership;
Access to Services
Any and all intellectual property
rights (“Intellectual Property”)
associated with the Services and its contents (other than User Content),
including all information, data, logos, marks, designs, graphics, pictures,
sound files, other files and their selection and arrangement, (collectively,
the “Content”), are the sole
property of Adventure Share, its affiliates or third
parties. The Content is protected by copyright and other laws in both the
United States and other countries. Elements of the Services are also
protected by trade dress, trade secret, unfair competition, and other laws and
may not be copied or imitated in whole or in part. All custom graphics, icons,
and other items that appear on the Services are trademarks, service marks or
trade dress (“Marks”) of Adventure
Share,
its affiliates or other entities that have granted Adventure
Share the
right and license to use such Marks and may not be used or interfered with in
any manner without the express written consent of Adventure
Share.
Except as otherwise expressly authorized by these Terms of Use, you may not
copy, reproduce, modify, lease, loan, sell, create derivative works from,
upload, transmit, or distribute the Intellectual Property of the Services in
any way without the prior written permission of Adventure Share or
the appropriate third party. Except as expressly provided herein, Adventure
Share does
not grant to you any express or implied rights to our or any third party's
Intellectual Property.
We allow User Content to be provided
to the App to allow you to provide information about you and your
bicycle(s). User Content, such as text,
photos or graphics provided by you as a result of use
of the Services, remains the property of the User. However, we need limited rights from you to
operate the Services with your activity. By providing User Content, you grant Adventure
Share,
its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable
right to use, display, perform, reproduce, distribute, publish, modify, adapt,
translate, and create derivative works from your User Content submitted by you
to the Services to the extent necessary to operate the Services, and provide
the services, now and in the future.
We grant you a limited, revocable,
non-exclusive, license to access the Services and to view, copy and print the
portions of the Content available to you on the Services. Such license is
subject to these Terms of Use specifically conditioned upon the following:
·
you may only view portions of the
Content for your own non-commercial use;
·
you may not modify or otherwise make
derivative works of the Services or the Content or reproduce, distribute or
display the Services or any Content except at permitted within these Terms of Use;
·
you may not remove any trademark,
copyright or other proprietary notices placed on Content;
·
you may not use data mining, robots or
similar data gathering or extraction methods; and
·
you may not use the Services or the
Content other than for its intended purpose.
The license in this section is
revocable by us at any time. You represent and warrant that your use of the
Services and the Content will be consistent with this license and will not
infringe or violate the rights of any other party or breach any contract or
legal duty to any other parties, or violate any
applicable law.
We have the absolute discretion to
remove any User Content posted or stored on the Services, and we may do this at
any time and for any reason, although we have no obligation to do so.
Restrictions on Use of the Services
In
addition to other restrictions set forth in these Terms, you agree that:
·
You
shall not use the Services in any way that breaches any applicable local,
national or international law or regulation.
·
You
agree not to archive, download, reproduce, distribute, modify, display,
perform, publish, license, create derivative works from, offer for sale, or use
content and information contained on or obtained from or through the Adventure
Share Service.
·
You
shall not disguise the origin of information transmitted through the Services
or place false or misleading information on the Services.
·
You
will not use or access any service, information, application or software
available via the Services in a manner not expressly permitted by Adventure
Share.
·
You
will not input or upload to the Services any information which contains
viruses, Trojan horses, worms, time bombs or other computer programming
routines that are intended to damage, interfere with, intercept or expropriate
any system, the Services, or information.
·
You
will not use any robot, spider, scraper or other automated means to access the Adventure
Share Service.
·
Certain
areas of the Services may be restricted to registered users or paid subscribers
of Adventure Share.
·
You
may not use or access the Services in any way that, in Adventure
Share’s judgment,
adversely affects the performance or function of the Services or interferes
with the ability of authorized parties to access the Services.
·
You
will use the Services for lawful purposes only and will not submit or transmit
through the Services any material or engage in conduct that:
(1) violates or infringes the
rights of others, including, without limitation, rights in intellectual
property such as trademarks, copyrights, patents and trade secrets;
(2) is unlawful, threatening,
abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an
invasion of privacy or contains explicit, graphic, obscene or pornographic
materials; or which otherwise violates any law, rule, regulation or the rights
of a third party;
(3) impersonates any person,
including Adventure Share and its employees, principals, agents, consultants
or affiliates or allows you or a third party unlawful
access to a third party’s computer or network;
(4) is harmful or attempting to
harm minors in any way; or
(5) violates these Terms, the
Privacy Policy, or any other policy of Adventure Share.
ONLINE COMMUNICATIONS
The Services provides you with the
ability to post comments. You agree that all communications by you on the App
and through the Services shall be deemed your Content and shall be subject to
and governed by these Terms and applicable law (including laws regulating
direct marketing communications with which you will need to comply with, as
applicable). By using communications methods available through the Services,
you agree that (a) all communications methods constitute public, and not
private, means of communication between you and the other party or parties, (b)
communications sent to or received from third party service providers,
advertisers or other third parties are not endorsed, sponsored or approved by Adventure
Share
(unless expressly stated otherwise by Adventure Share) and (c) communications are
not routinely pre-reviewed, post-reviewed, screened, archived or otherwise
monitored by Adventure Share in any manner, though Adventure
Share
reserves the right to do so at any time at its sole discretion. You agree that
all notices, disclosures and other communications that we provide to you
electronically shall satisfy any legal requirement that such communications be
in writing.
FEES AND PAYMENTS
FEES
Renters pay a service fee which
is split between the Adventure
Share and bicycle owner. Renters may
additionally pay a cleaning or repair fee that is paid to the bicycle owner if
the bicycle is returned in a condition different than how it was provided to
the renter.[3]
PAYMENTS
You
will be asked to designate and provide information about your preferred payment
method (e.g., credit card, online payment service, or any other payment method
made available by Adventure Share) to pay fees for your Account. If you provide
your payment information, you authorize us and certain third
party service providers, payment card networks and payment processors to
receive, store and encrypt your payment information. You may switch to a
different payment method or update your information by updating your account
information. No refunds or credits will be provided by Adventure
Share unless processed more than 24 hours prior to the rental date.
TERM
AND TERMINATION
These
Terms will become effective and binding when you use the Services.
You agree that Adventure
Share may, under
certain circumstances and without prior notice, immediately suspend or
terminate your account and/or access to the Services. Cause for such suspension
or termination shall include, but not be limited to,
(a) violations of the Terms or
other incorporated agreements or policies;
(b) requests by law enforcement or
other government agencies;
(c) material modification to the
Services (or any portion thereof);
(d) unexpected technical or
security issues or problems; or
(e) nonpayment of any fees owed by
you in connection with the Services.
Termination of your account may
include removal of access to all offerings within the Services, the deletion of
your User Content, and barring of further use of the Services. Further, you
agree that all suspensions or terminations for cause shall be made in Adventure
Share’s sole
discretion and that Adventure Share shall not be liable to you or any third party for
any suspension or termination of your account or access to the Services.
You may delete your Account at
any time, for any reason, by following the instructions on the Services. Your
rights under these Terms will automatically and immediately terminate if you
fail to comply with your promises and obligations stated in these Terms.
Once your Account is
terminated, you acknowledge and agree that we may permanently delete your
Account and all the data associated with it.
RESOLVING
COMPLAINTS AND DAMAGE REPORTS.
If
a bicycle owner provides valid evidence that you have:
(i)
damaged the complaining owner’s real or personal property; or
(ii) caused loss of listing
income for listing income via the App or other consequential damages which
result directly from the damage caused under (i)
above
the
complaining owner can notify Adventure Share and/or seek compensation. You will be notified of
the damage report and given an opportunity to respond. If you agree to pay or
if the damage report is escalated to Adventure Share and Adventure Share determines in its sole discretion that the damage
report is valid and you are responsible for the damage report, Adventure
Share can collect
the amount of the damage report from you. You agree that Adventure
Share may seek to
recover from you under any insurance policies you maintain and that Adventure
Share may also pursue against you any remedies it may have available under
applicable law, including referral of the matter to a collections agency,
and/or pursuit of available causes of action and/or claims against you. You
agree to cooperate in good faith, provide any information Adventure
Share requests,
execute documents, and take further reasonable action, in connection with
damage reports, owner complaints, claims under insurance policies, or other
claims related to your provision or use of Adventure Share Services.
ADVENTURE SHARE MAKES
NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICES OR
THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE
SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. ADVENTURE SHARE, ITS
LICENSEES, AFFILIATES, LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A
PARTICULAR PURPOSE. ADVENTURE
SHARE AND ITS AFFILIATES, LICENSEES,
LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (A) THE
SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR CONTENT WILL BE AVAILABLE OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO
INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED BY ADVENTURE
SHARE IN THESE TERMS OF USE.
SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS
AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING
AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT
AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF
USE ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
ADVENTURE SHARE AND
ITS AFFILIATES, LICENSEES, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
YOUR USE OF THE SERVICES OR YOUR ACTIVITY ASSOCIATED WITH YOUR USE OF THE
SERVICES. YOU EXPRESSLY AGREE THAT YOU
ARE PHYSICALLY CAPABLE OF SAFELY PARTICIPATING IN ANY ACTIVITIES OR EVENTS
ASSOCIATED WITH THE SERVICES. IF SHOULD YOU HAVE ANY HEALTH RELATED
QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY.
SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU
SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE
BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING,
BUT NOT LIMITED TO, FOLLOWING AN ACTIVITY OFFERED ON THE SERVICES) CARRY
CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR
DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED
WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION
OR NEGLIGENCE OF ADVENTURE SHARE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE TO RELEASE ADVENTURE SHARE, ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
PARTNERS, LICENSEES AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL
LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE
SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS,
INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN
NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE
SERVICES, (B) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS
AVAILABLE THROUGH THE SERVICES, (C) ANY DELAY OR INABILITY TO USE THE SERVICES
EXPERIENCED BY YOU, OR (D) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR
CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF ADVENTURE
SHARE HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
INDEMNIFICATION
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ADVENTURE SHARE AND ANY
SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND
EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES,
DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL,
SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR
UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
TO, YOUR (I) USE OF THE APP AND THE SERVICES, (II) YOUR
INTERACTION WITH ANY USER, PARTICIPATION IN THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY INJURIES, LOSSES OR DAMAGES (WHETHER COMPENSATORY, DIRECT,
INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH
OR AS A RESULT OF SUCH INTERACTION, PARTICIPATION OR USE, (IV) YOUR FAILURE, OR
OUR FAILURE AT YOUR DIRECTION, TO ACCURATELY REPORT, COLLECT OR REMIT TAXES, OR
(V) YOUR BREACH OF ANY LAWS, REGULATIONS OR THIRD PARTY RIGHTS SUCH AS
INTELLECTUAL PROPERTY OR PRIVACY RIGHTS.. YOU WAIVE THE PROVISION OF ANY STATE
OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE. YOU AGREE TO INDEMNIFY AND HOLD ADVENTURE SHARE HARMLESS FROM
AND AGAINST ANY OF THE AFOREMENTIONED CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND
EXPENSES, REGARDLESS OF ADVENTURE
SHARE’S RESPONSIBILITY FOR NEGLIGENCE AND HOWSOEVER THE
SAME MAY BE CAUSED.
Compliance with Law
You
agree to use the Services in strict compliance with all applicable laws,
rulings and regulations and in a fashion that does not, in the sole judgment of
Adventure Share,
negatively reflect on the goodwill or reputation of Adventure
Share and shall
take no actions which would cause Adventure Share to be in violation of any laws, rulings or
regulations applicable to Adventure Share.
ARBITRATION NOTICE/DISPUTE RESOLUTION
Governing Law; Venue
By using
the Services, you agree that the Federal Arbitration Act, applicable federal
law, and the laws of the state of Arkansas, without regard to principles of
conflict of laws, will govern these Terms and any dispute of any sort that
might arise between you and us. The
parties agree that any disputes shall be resolved by binding arbitration or
litigation, as provided herein, in Washington County, Arkansas.
Disputes
Any
dispute or claim arising from or relating in any way to your use of the
Services provided by Adventure Share or these Terms will be resolved by binding
arbitration, rather than in court, except that you may assert claims in small
claims court if your claims qualify. The Federal Arbitration Act and federal
arbitration law apply to this arbitration agreement. The laws of the State of Arkansas, without
regard to conflicts of laws, will be applied by the arbitrator unless otherwise
agreed by the parties.
The
arbitration will be conducted by the American Arbitration Association (AAA)
under its rules, including the AAA's Supplementary Procedures for
Consumer-Related Disputes to the extent applicable. The AAA's rules are
available at www.adr.org or by calling 1-800-778-7879. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules. To
begin an arbitration proceeding, visit AAA’s website (www.adr.org) for
instructions.
We each
agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action,
unless otherwise agreed by all parties. Class action lawsuits, class-wide
arbitrations, private attorney-general actions, and any other proceeding where
someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings
without the consent of all parties.
Unless we each agree, no arbitrator or judge may consolidate more than
one person’s claims or otherwise preside over any form of a representative or
class proceeding.
We also
both agree that the terms “dispute” and “claim” as used in this section are as
broad as they can be and include any claim or controversy between you and us
concerning the Services, the software related to the Services, the Services’ or
the rental price, or these Terms, under any legal theory including contract,
warranty, tort, statute, or regulation, except disputes relating to
the enforceability or validity of your, your licensors’, our, or our licensors’
intellectual property rights. You or we
may bring suit in court to enjoin infringement or other misuse of intellectual
property rights.
When
you visit the Services or send e-mail to Adventure Share, you are communicating electronically. We may
communicate by posting notices on the Services or e-mail notifications. You
agree that all notices, disclosures, and other communications that Adventure
Share makes
electronically satisfy any legal requirement that such communications be in
writing. If you want to withdraw this consent, please stop using the Services.
WAIVER AND
SEVERABILITY
Any
failure by the Company to enforce any right or provision of these Terms of Use
shall not constitute a waiver of such rights or provisions. Should any
competent court or arbitrator find any provision herein as invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and any and all other provisions of these
Terms of Use will remain in full force and effect.
General
You
may not assign these Terms of Use or any of your interests, rights or
obligations under these Terms of Use. If any provision of these Terms of
Use is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full force and
effect. No waiver of any of these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or any other term or condition.
EXCEPT
AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN
YOU AND ADVENTURE
SHARE, THESE TERMS OF USE, TOGETHER WITH THE ADVENTURE SHARE PRIVACY POLICY,
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND ADVENTURE SHARE WITH RESPECT TO THE USE OF THE
SERVICES, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL
DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE
SUBJECT MATTER HEREOF.
If you have any
questions or concerns regarding the Terms of Use, please contact us at amin@AdventureShare.net.
[1]These will need to evolve as you grow. Please keep that in mind. These are applicable in general to small business transactions in the US and have not considered tax implications of the service you provide.
[2]Technically these are in the Terms already but they are more enforceable if the app flow makes them agree to them separately for each rental.
[3]I think this is best dealt with in the rental agreement as well so we don’t have issues with people saying they didn’t know.