Information about The Sharing Exchange™

Terms of Use

The Sharing Exchange™

Terms & Conditions of Use 

Updated on 7.24.17: 

The Sharing Exchange™ is an online peer-to-peer rental marketplace that provides users with a virtual rental platform to exchange/rent children’s goods and accessories.  The Sharing Exchange™ is not a user, owner, manager, or operator of any of the items posted on its platform. Our sole responsibility in providing the Service is to facilitate the availability of the platform to users and to accept payments from Renters on behalf of item Owners via a third party Payment Processing Service Provider.  This Terms & Conditions of Use Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in our services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement.  If you do not agree to any of these terms or any future amendments, do not use or access the Site or Service. This Agreement applies to all visitors and users, including any persons that you authorize to use your account, and others who may access the Service ("Users").

Please read this agreement carefully to ensure that you understand each provision.  You understand and agree that The Sharing Exchange™ is not a party to any rental or other agreements entered into between Renters and Owners, nor is The Sharing Exchange™ an agent or insurer. The actual rental contract is between the Owner and the Renter. We also encourage you to review and understand our Privacy Policy, which contains important information regarding use of your personal information that you agree to by your use of the Site or Service. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

We highly recommend that Owners and Renters, or any other User, obtain their own adequate insurance coverage for their item(s), and understand the terms of their policies (this includes item damage and bodily injury). The Sharing Exchange™ does not provide liability insurance protection for Users. We are not responsible for accidents or injuries caused directly or indirectly from the use or misuse of any items rented or exchanged through the Service.

The Sharing Exchange™ has no control over the conduct of Renters, Owners, or other users of the Service and disclaims all liability in this regard to the maximum extent permitted by law.  The Sharing Exchange™ reserves the right, but not the obligation, to remove or edit content in violation of its policies, however does not regularly review comments or listings on the Service and disclaims any liability connected with User posted content. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

The Sharing Exchange™ reserves the right to modify these Terms & Conditions, including any changes in fees or liability, at any future time and without prior notice.  In case of any modification, The Sharing Exchange™ will post a notification of modified Terms & Conditions to the site, and it is the User’s responsibility to check this page to review any changes to the Terms & Conditions.  If you continue to use the Service after we have posted a notification of modified Terms & Conditions then you agree to be bound by the modified Terms & Conditions. If you do not agree to these Terms, you are prohibited from using or accessing the Service or Site.

 

Acknowledgement and Use of the Service

1.  In order to rent or list an item on The Sharing Exchange™ platform, you will need to register for a Member Account. As a User of our Service you agree to provide complete and accurate information when registering for your Membership Account, and to update your information for any future changes.  By applying for an Account, you give us permission to disclose the personal information provided to third parties for verification purposes, and in some cases obtain additional information about you.

2. The Sharing Exchange™ is intended to be used solely by persons 18 years of age or older and able to enter into legally binding contracts. Any User under the age of 18 or lacking legal capacity to enter into a binding contract is strictly prohibited from use or access to our Service.  We reserve the right to limit, refuse or deny access to our Service from any person at any time, in our sole discretion. 

3. When creating a Member Account you must provide a valid email address. You acknowledge that you will be added to our email database. By providing this, you consent to our using the email address to send you Service-related emails, including any notices required by law.  You may control how you interact with our Service in your profile settings. In some cases can you opt out of Service-related messages. Opting out may prevent you from receiving important updates and offers.

4.  Each User of The Sharing Exchange™ Service is granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for personal, noncommercial use only, subject to the terms and conditions of this Agreement.  Commercial use may be permitted but only through express consent of The Sharing Exchange™. Any permitted account you create on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms & Conditions and that said account is owned and controlled by the business entity.  No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms or by granting a license to use the Service. We reserve the right to terminate this license at any time for any reason.

5.  You, the User, agree to be in compliance with all applicable laws, rules and regulations, and tax requirements that may apply to any item you post on our platform. You are responsible for the cleanliness, safety and warrantability of your items, including actual ownership of the items, and your own acts and omissions with regards to your items.  You agree not to breach or circumvent any of our systems or policies or interfere with any third-party rights related to our Service. This includes using the Site or Service to secure a rental outside of the Service to avoid fees payable to The Sharing Exchange™. If you are suspected of using our service to initiate rentals and circumventing our payment system you will be immediately banned from using the Service and Site and your account deleted.

6.  You, the User, agree to keep your User account and password secure and confidential.  If you believe your account has been compromised you must contact The Sharing Exchange™ immediately (report@thesharingexchange.com).  If you choose to voluntarily share your account and password with another person, you will be responsible for any actions taken on your account and may incur liability to other Users or The Sharing Exchange™.  We encourage you to perform your own due diligence into verifying the identity and accuracy of any User or listed item you choose to transact with.  The Sharing Exchange™ will not, and does not, assume any liability or responsibility for the confirmation of any User’s identity or for any unauthorized transactions made through the Service using a valid User account and password.  

7. You acknowledge that The Sharing Exchange™ does not own any products listed on the site and does not offer delivery services of any kind. Instead, the Service allows Renters and Owners to transact Rentals directly with each other and agree on rental items, rental prices and delivery methods. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.

8.  Users are prohibited from posting or sending any false, obscene, libelous, illegal, abusive, harassing, threatening, profane, racially or ethnically offensive, sexually explicit or defamatory content and may only contact other Users of the Service for the purpose of inquiring about a rental listing. You shall not use the services for purposes of collecting or using information about other users, distribute or transmit spam, chain letters, unsolicited emails or mass communications to Users, or in any way commercialize any use of the Service. You shall not register an account using false email accounts or register an account for another person or entity or register multiple accounts for yourself.  You shall not distribute viruses, use any ‘robots’, ‘spiders’, or ‘offline readers’ or automated means to access the Service, or otherwise interfere with, manipulate or inappropriately use our Service and its software and systems.  You may not upload any invalid data, viruses, worms or software agents through the Service. Violation of any of these policies will result in permanent termination of your Membership Account, at the sole discretion of The Sharing Exchange™.

9. The Sharing Exchange™ takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you upload, display, send, stream, download, post, transmit, or otherwise make available or access through your use of the Service, is solely your responsibility. The Sharing Exchange™ is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is objectionable, inaccurate, indecent, offensive or inappropriate for children, and you agree that The Sharing Exchange™ shall not be liable for any damages you allege to incur as a result of such User Content. You agree that we are only acting as the passive conduit for your publication of User content.

10.  When a Renter confirms to rent an item posted on the platform by an Owner, both the Renter and Owner enter into a binding rental agreement.  The Sharing Exchange™ will not be responsible for the fulfillment, operation or any performing obligation of a rental agreement between Owner and Renter. The Sharing Exchange™ disclaims all liability arising from or related to any such agreements, to which it is not part.  The Sharing Exchange™ is only acting to accept payments from Renters on behalf of the Owner by using a Payment Processing Service Provider.

11.  You, as an Owner, agree to be truthful and accurate in all content posted on the Service.  You agree that you are the owner of or have permission to rent all items posted by you and to deliver all items as described pursuant to a confirmed, binding rental agreement through the Service.  You agree not to mislead or manipulate any listings or to manipulate the price of items which may interfere with other Users listings.  You understand and acknowledge that obtaining personal liability and consequential bodily injury insurance coverage is highly recommended. You either have acquired adequate insurance or choose to self-insure against all claims in connection with your rented items or listed items.

12. You, as a Renter, agree to pay the Owner the total fees for any rental at the time of confirmation of the rental.  Total fees include the rental fees, delivery & pick up fees (if applicable) and service fees and/or any other applicable fees.  Both Renter and Owner agree, that renting or booking an item will be done only through The Sharing Exchange™ platform. Any other method of engagement and/or transaction between the Renter and the Owner will be cause for the immediate suspension of membership accounts at the sole discretion of The Sharing Exchange™. The Renter is in charge of paying all damage fees, cleaning fees, and/or late fees at the end of the rental period if these fees are owed.

13.  When The Sharing Exchange™ receives confirmation of rental from the platform, The Sharing Exchange™ will instruct the Payment Processing Service Provider (Stripe) to collect the applicable fees for the rental from the Renter’s account, and by confirming a rental the Renter authorizes The Sharing Exchange™ to charge Renter’s account on file. We cannot control any fees that may be applied to a Renter by his/her bank or credit card and will not be responsible for any such fees.  The rental fees will then be transferred to the Owner less any Service fees and Taxes if applicable.

14 Once a rental confirmation is made, we will notify the Owner that their item has been requested by a Renter and the Owner will have the opportunity to accept or decline the request.  If the Owner fails to respond with in 3 days of the notification, the request will be deemed declined, the rental will be canceled and the pre-authorization fees returned to the Renter. 

15.  Owner agrees to allow Renter to cancel the rental through The Sharing Exchange™ platform at any time between acceptance of the confirmation by Owner up to 24 hours before the start date of the rental.

16. Renter agrees to allow Owner to cancel the rental through The Sharing Exchange™ platform at any time between acceptance of the confirmation by Owner up to the start date of the rental. The Sharing Exchange™ highly discourages Owners to cancel their ‘accepted’ reservations as this can negatively affect your rating on the platform and ultimately your license to use the Service.

17.  Upon return of a rental item and conclusion of the transaction, the Users must complete the Rate & Review form on the website regarding the transaction.  This is a two-way rating system where each party will review the other. This will help us to ensure that we provide only the highest quality transactions for our Users.  User’s agree to be honest and truthful when rating and not to take any action to undermine the rating of any other User or posting.  Failure to complete the Rate & Review System upon completion of a transaction may result in account suspension.  Users who do not maintain a minimum rating in our system may be subject to suspension or termination of their license to use the Service, at the discretion of The Sharing Exchange™.

18. In no event will The Sharing Exchange™ be held responsible for any damage, loss or injury (including death or permanent disfigurement) caused by or arising out of the use of any baby gear rented through the Site. It is the Renters responsibility to examine the equipment prior to use  and assume all known, and unknown, risk. Products must be returned in the same condition and cleanliness as when delivered by Owner with all accessories and parts intact and in proper working order. Renter is fully responsible for the loss; theft or destruction of said property from all causes whatever. In the event of damage and/or partial destruction from any cause whatever, renter will be required to pay in full, or in part, the original security deposit price named in the rental contract between Renter and Owner. This will be charged to the credit card we have on file.

 

19. Items Strictly Prohibited on The Sharing Exchange™ Platform:

  • Any recalled items or those that do not adhere to federal regulations and standards

  • Expired car seats. If your car seat has been in an accident (even a fender bender) you may not list it on our site.

  • Toy guns or weapons (includes fake swords) 

  • Drones or unmanned aircrafts of any kind

  • Real weapons of any kind; guns, firearms or fireworks

  • Tobacco or Alcohol paraphernalia

  • Stolen goods or property

  • Cloth Diapers

  • Open System Breast Pumps

  • Stuffed animals, plush toys 

  • Drop Side Cribs

  • Any profane, unlawful or obscene material

 *All users are responsible for ensuring the items they list follow all applicable state and local laws, as well our Terms and Conditions. We reserve the right to remove any item, at any time, especially those that violate our policies.

External Links

Occasionally The Sharing Exchange™ may provide links that will take you to third party website or application. If you decide to access linked websites you do so at your own risk. This applies to all display advertisements and links shared on our blog. The Sharing Exchange™ does not endorse or take responsibility for content on third party websites or the availability of other websites. You agree that The Sharing Exchange™ is not liable for any loss or damage that you may suffer by using third-party websites.

Cookies

The Sharing Exchange™ and its partners collect information about your computer, including your IP address, operating system and browser type. This may also include your internet service provider (ISP), incoming/exit pages, page view and click through information on our site, date/time stamp, and/or clickstream data. We use this information to create reports, analyze data and ultimately improve our site and user experience. The statistical data we capture on our users’ browsing actions and patterns does not identify any individual. Rather it helps us track users’ movements around the website, and to gather demographic information about our user base as a whole.

Payments

Payment processing is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement. As a condition of our payment processing services through Stripe, you agree to provide The Sharing Exchange™ with accurate and complete information about you and your business, and you authorize The Sharing Exchange™ to share it, and any transaction information related to your use of the payment processing services provided by Stripe. All orders require a valid credit card to hold the reservation (‘pre-authorization charge’). This credit card will also be used as a damage deposit.

When establishing your Account, you will be required to create a Stripe Marketplace account, which will be used to process payments. All payments will be posted directly into your Stripe Marketplace account less transaction fees and any applicable delivery fees. The Sharing Exchange™ shall not be responsible for processing payments.  You are solely responsible for providing and maintaining accurate contact and payment information to ensure proper payment. Certain Owners whose annual payments exceed $600 will be required to submit additional information to us to use for tax preparation purposes. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify The Sharing Exchange™ in writing within fifteen (15) days of any such payment; failure to so notify The Sharing Exchange™ shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by The Sharing Exchange™. No other measurements or statistics of any kind shall be accepted by The Sharing Exchange™ or have any effect under these Terms. 

Service Fees

The Sharing Exchange™ charges a 14.9% +.30 service fee to Owners applied to all rental transactions on our platform.  Upon confirmation of a rental, The Sharing Exchange™ will instruct the Payment Processing Service Provider to deduct 14.9%+.30 of the total rental fee (this includes delivery fees) before remitting the balance to the Owner. The Sharing Exchange™ charges a $5 service fee to Renters applied to all rental reservations/bookings on our platform. The Sharing Exchange™ may change these service fees at any time and Users are recommended to review these Terms and Conditions frequently to be updated on any changes to fees. 

Cancellations and Refunds

1.     If a Renter cancels more than 24 hours before the scheduled rental period, the pre-authorization fee will be released and nothing will be charged.

2.     If a Renter cancels less than 24 hours before the scheduled rental period, Renter will not be entitled to any refund of any kind. 100% of the funds will be remitted to the Owner.

3.     If either party has a complaint regarding the rental item or delivery, the aggrieved party must notify The Sharing Exchange™ within 6 hours from the delivery time, customercare@thesharingexchange.com.  The Sharing Exchange™ will investigate where necessary and have final say on all disputes.

4.     The Sharing Exchange™ may choose for any reason and in its sole discretion to cancel any future bookings and release any pre-authorization fee to the Renter.

 

Security Deposit & Claims for Damages

 1.  Individual Owners are responsible for listing an amount for Security Deposit to cover any damage or theft to their listed items. The listed Security Deposit should be determined in an amount to cover the cost of the item listed taking into consideration the current condition of the item and how much wear & tear it has endured.  This Security Deposit will not be charged to the Renter at the time of the confirmed rental transaction/booking.

2.  Renter is responsible to return the rented item to Owner in the same condition as it was received. Before “accepting” the rental, Renter should conduct a full visual inspection of the item(s) to make sure they are ‘as expected’ and ‘as described’ by the Owner. We recommend that both Owner and Renter take photos of the item upon delivery and return to ensure the condition of the item throughout the transaction. We suggest any pre-existing damage be discussed via our messaging service, so you have it on record. We also suggest taking before and after pictures to further protect yourself from claims.

3. If Owner believes the item has been damaged upon return from Renter, they may submit a claim to The Sharing Exchange™ within 24 hours of the end of the rental period. Completing and filing an official claims form with The Sharing Exchange™ will be required. The Renter will be immediately notified that a pending claim has been made against them. Photo evidence of the before and after condition of the item will be required to show undisputed evidence of new damage. Reasonable wear and tear or minor damage as a result of normal use will not be grounds for a claim for damage.  The Sharing Exchange™ will determine, it is sole discretion, if the claim for damage is warranted. If the claim is approved, Renter authorizes Stripe to charge the Security Deposit fee and remit to the Owner’s account to compensate for the damage to the item. All determinations made by The Sharing Exchange’s dispute resolution team are final.

4. In the case of excessive soiling and the claim is substantiated, Renter may be charged a ‘cleaning fee’ of $45 to return the item to its original condition. Excessive soiling may include chewing gum, vomit, crayon, markers, or other difficult to remove substances.

5.  If an Owner needs to file a claim for an unreturned/stolen item, and the value is above $500.00, the claim must be accompanied by a police incident report. 

6.  Owner is responsible that the item listed conforms to the item description and meets certain standards of safety and functionality.  Owner is also responsible for obtaining adequate insurance coverage for any liability arising from their rental items or their actions on the Service.

7. The Sharing Exchange™ will consider each specific dispute on a case by case basis and may choose to enforce or not enforce certain policies at their discretion in an effort to reasonably resolve User disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Sharing Exchange™ shall have no liability for your interactions with other Users, or for any Users’ action or inaction, with respect to Rentals or the Service. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services. 

Late Returns

 If Renter fails to return the rented item(s) within 24 hours of the scheduled return date, we reserve the right to charge up to 200% of the rental cost, in addition to the Renter being charged the listed Security Deposit. In this case, Owners are responsible for contacting Customer Care right away (customercare@thesharingexchange.com) to report missing or non-returned items. If 48 hours passes and the items have still not been returned, we recommend contacting the police and filing a police report. 

Intellectual Property and Copyright

The Sharing Exchange™ hereby designates all trademarks, service marks, logos, trade names, patent rights, copyright rights, trade dress, rights of publicity, moral rights, and other proprietary designations used by The Sharing Exchange™ as its intellectual property and trade secrets, whether registered or not.  Additionally, all content on The Sharing Exchange™ website including images, icons, text, etc., as well as all content used on social media sites linked to The Sharing Exchange™ website are protected copyright of The Sharing Exchange™ and cannot be copied, used, or transferred without the written consent of The Sharing Exchange™.  All designated intellectual property and copyrighted content published by The Sharing Exchange™ is subject to all applicable federal and state laws and The Sharing Exchange™ retains the rights to pursue any and all legal remedies against infringement of its intellectual property rights.  The Sharing Exchange™ does not claim any ownership of content posted by Users and Users represent and warrant that you have the rights to use any content you post on the Service and that no content you post will violate any third-party rights or laws.  Additionally, any content posted on the service by a User will give The Sharing Exchange™ an unrestricted, non-exclusive license, with a right to sublicense, use, copy, publish, modify, and otherwise exploit the User’s content for any reason whatsoever, even if the use is adverse to the User’s rights. This includes User content posted on the business Yelp page and any testimonial emails sent to a Sharing Exchange™ team member (including text and images). 

Release

 You agree to release The Sharing Exchange™ and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from any disputes, claims or damages you may have against any other Users.  You agree that this release covers any disputes, claims or damages of any kind, both known and unknown at the time of agreeing to this release, arising in any way connected with your use of the Service, and you, the User, expressly waive any legal protections you may have that would otherwise limit the coverage of this release. 

Indemnity

 You agree to defend, indemnify and hold harmless The Sharing Exchange™ and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in any way connected with: (i) your use of and access to The Sharing Exchange™, the Service, its Products or any Listed Items; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

No Warranty/Guarantee

If you choose to use the Service and/or participate in a rental, you do so at your own risk.  The Service and any products listed are provided on an “as is” and “as available” basis with regards to the website, application, items presented and rented, advice presented in the Service, the background of the Users, whether Owners or Renters, and any information related to those.  The Sharing Exchange™ does not control or guarantee the quality, safety or legality of any items listed through the Service, or the truth or accuracy of any User content or the existence of User insurance coverage.  To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  No advice or information, whether oral or written, obtained by you from The Sharing Exchange™ or through the Service will create any warranty not expressly stated herein.  Without limiting the foregoing, The Sharing Exchange™, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any rental will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.  You will be solely responsible for any damage or loss that results from your use of the Service or Products.  You are solely responsible for interactions and communication with others on The Sharing Exchange™ platform and The Sharing Exchange™ does not verify the statements of any Users of the Services.  The Sharing Exchange™ explicitly disclaims all liability for any act or omission of any Owner, Renter or other third party connected with the your use of the Service.  

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any items via the site, application and services, and any contact you have with other users of The Sharing Exchange™ whether in person or online remains with you.  In no event shall The Sharing Exchange™, its affiliates, officers, agents, directors, employees, subsidiaries, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any rental.

To the maximum extent permitted by applicable law, The Sharing Exchange™ assumes no liability or responsibility for any (a) Errors, mistakes, or inaccuracies of content; (b) Personal injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or your animals (c) property damage of any nature whatsoever, resulting from your access to or use of our Service or rented products; (d) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (e) Any interruption or cessation of transmission to or from the Service; (f) Any bugs, viruses, or the like that may be transmitted to or through our Service by any third party; (g) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (h) User content or the defamatory, offensive, or illegal conduct of any third party. 

Except for our obligations to pay amounts to Users per the terms of this Agreement, in no event shall The Sharing Exchange™, its affiliates, agents, officers, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of either (a) The amounts you have paid or owe for bookings via the site, application and services as a Renter or Owner in the six (6) month period prior to the event giving rise to the liability; or (b) One hundred dollars ($100).  The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Sharing Exchange™ and you.  This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Sharing Exchange™ has been advised of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Release of Liability

By accessing and using the Site, you are agreeing to this release of liability and fully understand its terms. If you do not agree to all Terms herein you are prohibited from using or accessing the Service or Site. I understand that there exist certain risks of injury from the use or misuse of items listed for rent on the Site, including the potential risk of serious injury, disability or death for myself, my child, family members or pets from the use of such items or loss/damage to personal or public property. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my use of such items. I understand the risks associated with the use of such items and understand the safety concerns regarding each items. I understand that this release of liability covers each and every item which I have agreed to rent. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, hold harmless, and agree not to sue The Sharing Exchange™, their officers, agents and employees, for any reason whatsoever. I further agree that this release of liability shall be governed by the laws of the State of California.

Assignment

 This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Sharing Exchange™ without restriction.  Any attempted transfer or assignment in violation hereof shall be null and void. 

Termination

We may permanently terminate or suspend your participation in the Service at any time, for any reason or no reason, without explanation or notice. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates. We retain the right to remove or suspend listings for any reason at any time, including a violation or suspected violation of these Terms. All aspects of the Service are subject to change at any time. You agree that The Sharing Exchange™ will not be liable to you for any interruption of the Service, delay or failure to perform.

Governing Law

You agree that: (a) the Service shall be deemed solely based in California; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over The Sharing Exchange™, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California. Persons who choose to access this Service/Site from other locations do so on their own initiative, and are responsible for compliance with state and local laws. You agree to submit to the personal jurisdiction of a state court located in San Diego County, San Diego or the U.S. District Court for the Southern District of California for any actions or disputes for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. Any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within (6) months after such claim or cause of action arose or be forever barred.

Arbitration

In the unlikely event that The Sharing Exchange has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any of The Sharing Exchange’s™ claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration in the county of San Diego. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney's fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing The Sharing Exchange from seeking injunctive or other equitable relief from the courts as necessary to protect any of The Sharing Exchange’s proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding.  You agree that, by entering into this agreement, you and The Sharing Exchange are each waiving the right to a trial by jury or to participate in a class action.

YOU AGREE THAT BOTH YOU AND THE SHARING EXCHANGE MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.  UNLESS BOTH YOU AND THE SHARING EXCHANGE AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.  THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.  ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.  IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OR ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM AND ONLY THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BOUGHT IN COURT, SUBJECT TO YOUR AND THE SHARING EXCHANGE’S RIGHT TO APPEAL THE COURT’S DECISION.  ALL OTHER CLAIMS MUST BE ARBITRATED.

 

Entire Agreement/Severability

This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by The Sharing Exchange™ via the Service, shall constitute the entire agreement between you and The Sharing Exchange™ concerning the Service, and shall supersede and replace any and all prior written or oral agreements or understandings between you and The Sharing Exchange™. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Sharing Exchange’s™ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 International Use

At this time, the Service is only available in the United States of America for U.S. residents.  Non-U.S. residents or residents not located in the U.S. are prohibited from using the Service.

Notice

 Any notice requirements under these Terms & Conditions or otherwise required by law shall be in writing and sent via certified U.S. 

Mail to: 

The Sharing Exchange
P.O. Box 230804
Encinitas, CA  92023