TERMS AND CONDITIONS[1] 

 

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.

 

DISCLAIMER OF WARRANTIES

 

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.

 

Electronic Communications.

 

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.

 

COMPLETE AGREEMENT

 

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.