Terms of Service
MOBOUND, LLC - LAST UPDATED OCTOBER 21, 2018
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
Mobound, LLC (hereafter referred to as "Mobound", "we", "us", or "our") provides an online platform that connects Hosts who rent outdoor equipment with Renters (collectively, the “Services”). In this document, the terms “Mobound”, “we”, “our”, “us” refer to the Mobound Site which are products of Mobound, LLC. The terms "Service" or "Services" refer to any services we offer, including all Mobound web applications and other software, and the web site accessible at www.Mobound.com and associated content (collectively, the "Website") as well as any and all marketing channels where Collective Content may be disseminated in Mobound’s sole discretion. The terms "You" or "Your" refer to the users of the Mobound Service. The terms "Host" or "Hosting" refer to the person engaged in the act of renting or agreement to rent outdoor equipment, and the act of renting or agreeing to rent a outdoor equipment items, respectively, in accordance with the terms of the rental agreement as described herein. The terms "Renter" or "Renting" refer to the person engaging in a temporary renting of the Host’s outdoor equipment, and the act of engaging in a temporary rental agreement of the Host’s outdoor equipment, respectively, in accordance with the terms of the rental agreement as described herein. The term "outdoor equipment" refers to the equipment the Host posts for rent or offered for rent by a Host. The term “listing” refers to the searchable description advertising the Host’s outdoor equipment as found on this website. The terms "equipment", “outdoor equipment”. “gear”, “outdoor gear” refer to the property or goods of the host that is made available to renters through the Mobound platform. The term "Booking" refers to a confirmed transaction between Host and Renter whereby renter rents outdoor equipment from Host. "Member", “User” means a person who completes Mobound's account registration process, including, but not limited to Hosts and Renters, as described under "Account Registration" below. "Mobound Content" means all Content that Mobound makes available through the Site including any Content licensed from a third party but excluding Member Content. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site. "Collective Content" means Member Content and Mobound Content. "Content" means text, graphics, images, software, audio, video, information or other materials. "equipment” or “outdoor equipment“ refers to all items the Host will make available for rent through the Mobound platform.
Terms of Service
Mobound makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for bookings of outdoor equipment including, but not limited to, outdoor equipment and outdoor services. Mobound is not an owner or operator of the listings, or outdoor equipment represented, or offered for rent or booking, nor is it an outdoor equipment rental company. Mobound does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or have controlling interest in outdoor equipment available for rent on the Mobound Platform. Mobound's responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Renters on behalf of the Host.
By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a member, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between you and Mobound. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms of Services set forth herein may result in your being banned from Mobound or other shared service business and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT MOBOUND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR IS MOBOUND AN OUTDOOR EQUIPMENT RENTAL COMPANY, AGENT, BROKER, OR AGENT. MOBOUND HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF OUTDOOR EQUIPMENT FOR RENT. MOBOUND CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, SAFETY, LEGALITY OR SUITABILITY OF ANY OUTDOOR EQUIPMENT. MOBOUND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE RENTAL OR USE OF ANY LISTING.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY REFERRING OTHERS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APP, OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.
You may view Listings as an unregistered visitor to the Site; however, if you wish to rent outdoor equipment through the Mobound platform, you must first become a Member by registering to create a Mobound Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Mobound is, at its core, an open community dedicated to connecting people to improve access and availability of outdoor equipment. Mobound welcomes and services an incredibly diverse community, drawing together individuals of different cultures, values, and norms.
The Mobound community is committed to building a world where people from every background feel welcome and respected. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Mobound community—hosts, renters and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Mobound employees, hosts and renters alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.
Inclusion – We welcome renters of all backgrounds with authentic hospitality and open minds. Joining Mobound, as a host or renter, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
Respect - We are respectful of each other in our interactions and encounters. By connecting people from different backgrounds, Mobound fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to outdoor equipment rental. Hosts should contact Mobound customer service if they have any questions about their obligations to comply with this Mobound Nondiscrimination Policy.
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
MOBOUND HOSTS MAY NOT:
Decline a renter based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Post any listing or make any statement that discourages or indicates a preference for or against any renter on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
MOBOUND HOSTS MAY NOT:
Decline to rent equipment based on gender. Impose any different terms or conditions based on gender. Post any listing or make any statement that discourages or indicates a preference for or against any renter on account of gender.
MOBOUND HOSTS MAY NOT:
Decline a renter based on any actual or perceived disability.
Impose any different terms or conditions based on the fact that the renter has a disability.
Substitute their own judgment about whether equipment meets the needs of a renter with a disability for that of the prospective renter.
Inquire about the existence or severity of a renter’s disability, or the means used to accommodate any disability. If, however, a potential renter raises his or her disability, a host may, and should, discuss with the potential renter whether the listing meets the potential renter’s needs.
Prohibit or limit the use of mobility devices.
Charge more in rental or other fees for renters with disabilities.
Post any listing or make any statement that discourages or indicates a preference for or against any renter on account of the fact that the renter has a disability.
Refuse to communicate with renters through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
Refuse to provide reasonable accommodations, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space where equipment exchange will take place. When a renter requests such an accommodation, the host and the renter should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the renter’s needs.
MOBOUND HOSTS MAY:
Provide factually accurate information about the outdoor equipment’s user case and features (or lack of them), allowing for renters with disabilities to assess for themselves whether the use of the outdoor equipment is appropriate to their individual needs.
MOBOUND HOSTS MAY:
Except as noted above, Mobound hosts may decline to rent to a renter based on factors that are not prohibited by law. For example, the renter doesn’t have the appropriate means of transporting rented equipment such as a kayak that requires, but is not limited to, a roof rack, truck bed, or trailer.
Nothing in this policy prevents a host from turning down a renter on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class.
WHEN RENTERS ARE TURNED DOWN
Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential renter, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to renters of all backgrounds. Hosts who demonstrate a pattern of rejecting renters from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential renters feel unwelcome, and Mobound may suspend hosts who have demonstrated such a pattern from the Mobound platform.
As the Mobound community grows, we will continue to ensure that Mobound’s policies and practices align with our most important goal: To ensure that renters and hosts feel welcome and respected in all of their interactions using the Mobound platform. The public, our community, and we ourselves, expect no less than this.
In order book a rental for outdoor equipment, or create a Listing on Mobound, you must register to create an account ("Mobound Account") and become a Member. You may register to join the Services directly via the Site as described in this section or via direct email invitation.
As part of the functionality of the Site and Services, you may link your Mobound Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Mobound through the Site or Services; or (ii) allowing Mobound to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Mobound and/or grant Mobound access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Mobound to pay any fees or making Mobound subject to any usage limitations imposed by such third party service providers. By granting Mobound access to any Third-Party Accounts, you understand that Mobound will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site and Services via your Mobound Account and Mobound Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Mobound Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Mobound's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Mobound Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site.
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Mobound makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Mobound is not responsible for any SNS Content.
We will create your Mobound Account and your Mobound Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via a Third-Party Account as described above. You may not have more than one (1) active Mobound Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mobound reserves the right to suspend or terminate your Mobound Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include, but are not limited to: (1) if you create more than one Mobound Account or; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Termination of an account may result in forfeiture and destruction of all information associated with your account. All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Mobound Account, whether or not you have authorized such activities or actions. You will immediately notify Mobound of any unauthorized use of your Mobound Account by emailing support@Mobound.com.
It is the Host’s sole right to check the Renter's background, credit history and/or criminal history and refuse to rent to Renter, or terminate Renter's booking of the Host's equipment, as the case may be, upon receipt of such information. Mobound also reserves the right to perform these same background checks from time to time, criminal history or credit checks but will not take responsibility for them and you hereby release and hold Mobound harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Renter.
MOBOUND RESERVES THE RIGHT, AT THEIR SOLE DISCRETION, TO DENY ANY HOST OR RENTER SERVICE BASED OFF THE RESULTS OF THEIR BACKGROUND CHECK.
Change of Renter Information
Renter agrees to immediately notify Host of changes in Renter's email address, mailing address, phone number or other information. A change of address will not be effective unless the new address is complete and is reported via the Mobound website.
Notice of a change of Renter’s or Host’s phone numbers may be made orally or via the Mobound website. Renter is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of storage.
Outdoor Equipment Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the equipment to be listed, including, but not limited to, equipment description, the location, functionality, size. Features, availability, rental type (ie: hourly, daily, nightly), features, and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all equipment must be represented as available such as, but not limited, current condition, size, color, year manufactured, and physical address available for pickup. Listings will be made publicly available via the Site and Services. Other Members will be able to book for rent your equipment via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your equipment, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter's use of, equipment in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any equipment included in a Listing you post, including, but not limited to, laws governing the rental and use of the equipment you post.
(b) not conflict with the rights of third parties. Please note that Mobound assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
Mobound reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mobound, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that Mobound does not act as an insurer or as a contracting agent for you as a Host. If a Renter requests a booking of your equipment, any agreement you enter into with such Renter is between you and the Renter and Mobound is not a party thereto. Notwithstanding the foregoing, Mobound serves as the limited authorized agent of the Host for the purpose of accepting payments from Renters on behalf of the Host and is responsible for transmitting such payments to the Host.
When you create a Listing, you may also choose to include certain requirements and list prohibited use of equipment which must be met by the Members who are eligible to request a booking of your equipment, including, but not limited to, requiring Members to have a profile picture, connected Facebook account or other SNS account or verified phone number in order to book your equipment. Any Member wishing to book equipment included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, App and Services.
If you are a Host, Mobound makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Equipment. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the equipment pickup location.
Booking and Financial Terms
If you are a Host and a booking is requested for your equipment via the Site or Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Mobound in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and (ii) the start and end dates of the requested booking period (iii) a link to the Renter's Mobound Account profile page. If you are unable to confirm or decide to reject a booking of the equipment within such 24-hour period, any amounts collected by Mobound for the requested booking will be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Mobound will send you an email or text message or other method of notification confirming such booking, depending on the selections you make via the Site and Services. After confirming a booking, if a Renter wishes to extend their rental period, you will receive a notification via email or text message, or other method of notification for your acceptance or rejection of such request. Inaction on your (the Host’s) part to question or dispute the changes within seventy-two (72) hours will be interpreted as you giving authorization for these changes.
The fees displayed in each Listing are comprised of the equipment rental Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below). Where applicable, Taxes may be charged in addition to the equipment Fees, Service Fees, and Processing Fees. The equipment Fees, the Service Fees, the Processing Fees and applicable Taxes are collectively referred to in these Terms as the "Total Fees". The amounts due and payable by a Renter solely relating to a Host’s equipment are the "Equipment Fees". Please note that it is the Host and not Mobound, which determines the Equipment Fees. The Equipment Fee may include a non-refundable cleaning fee at the Host's discretion. Equipment Fees may also include applicable state or county taxes. The Host will be responsible for paying the Processing Fees in full. You authorize Mobound to deduct a sum from the Equipment Fees to cover the Processing Fees. You also authorize Mobound to deduct a sum from the Equipment Fee or bill your account in the event of damage or theft of rented equipment as contemplated under "Damage to Equipment" and “Theft of Equipment” below, if applicable.
You agree to pay Mobound for the Total Fees for any booking requested in connection with your Mobound Account if the applicable Host confirms such requested bookings. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Mobound, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once Mobound receives confirmation of your booking from the applicable Host, Mobound will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize Mobound to collect additional fees in the event of damage to or theft of the Host’s equipment, default as contemplated under “Damage to Host’s Equipment” and “Renter Default” below, if applicable. Please note that Mobound cannot control any fees that may be charged to a Renter by his or her bank related to Mobound’s collection of the Total Fees, and Mobound disclaims all liability in this regard.
The Host agrees to disclose the items that are included with the equipment that you wish to rent upon requesting a booking. You are not liable for non-disclosed items that are included with the equipment, for example, and limited to, tie down straps, tire repair kit, water bottle, storage bag or cover. You acknowledge and agree that both Mobound and renter are not liable for undisclosed items, and you accept liability for any damages, theft, or loss of the Host’s disclosed equipment included with the booking.
You acknowledge and agree that you, and not Mobound, will be responsible for performing the obligations of any such agreements, that Mobound is not a party to such agreements, and that, with the exception of its payment obligations above, Mobound disclaims all liability arising from or related to any such agreements.
Equipment Return Duties
At or before the end of the booking period for the equipment, Renter must clean, repair, and deliver equipment back to host in same condition it was received. Renter must remove all personal contents and debris. Renter must return the equipment good “clean” condition.
Host Equipment Fee Collection
Hosts acknowledge that Equipment Fees will be directly deposited into their bank accounts, net of Service Fees and Processing Fees. Furthermore, hosts acknowledge that they are required to provide correct bank account information in order to accept a booking. Host's also acknowledge that they are responsible for registering and filing any applicable federal, state or county taxes. Mobound is neither responsible nor liable for notifying, collecting or paying any such taxes. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Equipment Fees directly to Host with a check, cash, or any payment method other than by payment through Mobound. If you attempt to do so, you authorize Mobound to deduct a sum from the Equipment Fee or bill your account for $200 penalty.
Mobound charges a fee to Renters based upon a percentage of applicable Equipment Fees, which are referred to herein as "Service Fees". The standard Service Fee charged by Mobound is fifteen (15) percent of the applicable Equipment Fee and the minimum service fee is one (1) dollar. The Service Fees are added to the Equipment Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable.
Processing Fees are to cover the merchant services and direct deposit or ACH processing that Mobound uses to process payments. They will be equivalent to the current rate of merchant services and direct deposit or ACH processing that Stripe, Inc. or Paypal, Inc. charges. Additional fees may be charged for Renter’s delayed return of Host’s equipment.
Mobound offers Hosts a limited guarantee of payment. When a Booking Request is confirmed, and payment is validated, Mobound guarantees, should a Renter’s payment be declined, all or a portion of Equipment Fee, Mobound will compensate a Host for up to $200 max net of Equipment Fee, minus any associated Services Fees and Processing Fees and any expenses incurred to Mobound in an effort to collect from renter.
Cancellations and Refunds
If, as a Renter, you cancel your requested booking before the requested booking is confirmed by a Host, Mobound will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter or Host, you wish to cancel a confirmed booking prior to one (1) week before the confirmed booking start date, then no penalties will occur. If a Host needs to cancel less than one (1) week prior to the confirmed booking start date, then the Host will receive a Warning. Multiple Warnings may lead to Host being banned from the Site, App and Services at the sole discretion of Mobound. If a Host must cancel a confirmed booking within twenty-four (24) hours of the agreed upon start time, the Host will be charged a twenty-dollar (20) inconvenience fee, ten dollars (10) of which to be paid to the Renter, and ten dollars (10) of which to be paid to Mobound, at the sole discretion of Mobound. If a Renter must cancel a confirmed booking within twenty-four (24) hours of the agreed upon start time, the Renter will be partially refunded the amount already paid, less 20% of the listing price to be paid to the Host and less any booking fees.
If a Host must cancel a confirmed booking after the booking period has already begun, the Renter will receive a full refund from the Host, less any Service Fees and Processing Fees for the entire rental period leading up to the date of cancellation. Any cancellations of a confirmed booking by the Host shall be considered “cancellation” and is subject to the conditions further contemplated under “18. Cancellation” below. If a Renter cancels a confirmed booking at any point after the booking period has begun then the Renter forfeits all rent that has already been paid.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Mobound cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
You understand and agree that any discount will only be applicable if you have not previously rented equipment on the Mobound platform. Discounts are only available from time-to-time in limited time promotional marketing communication by phone, text message, email, or direct mailer.
Protection For Host's Equipment
Mobound strongly recommends that Hosts check their homeowners’ or renters’ insurance policy or speak to their agent to verify that their coverage includes damage to Host’s personal property, including outdoor equipment, caused by Renter. Mobound assumes no liability for damage to the host’s equipment or physical property under any circumstance.
Damage to Host's Equipment or Physical Property
You agree that under the following circumstances the Renter may be charged for damages done to the Host’s equipment or physical property (i) the renter has engaged in or was privy to unauthorized use of the Host’s equipment as outlined in “Use of Equipment and Prohibited Items” below, resulting in damage to the Host’s equipment; or (ii) The Renter has violated Host rules (as described in “Host Rules” below) resulting in damage to the Host’s equipment or physical property; or (iii) the Renter transported equipment in an unsupported manner or prohibited by Host (in Host’s listing) without the Host’s knowledge, and resulted in damage to the Host’s equipment or physical property; or (iv) the Renter’s pickup activities, including moving equipment resulted in damages to Host’s physical property. You authorize Mobound to determine the amount charged to the Renter, if any, except in cases exceeding (1000) dollars in damages (as determined by Mobound), which will then be determined by professional arbitration (see “27.Arbitration” below) between the Host and Renter. The Renter agrees to pay associated arbitration fees in those cases described above.
“Super Host” Damage to Stored Equipment
You agree that the Super Hosts are only held responsible for up to one hundred (100) dollars of damages to the Host’s Stored equipment (as determined by Mobound), to be paid by the Super Host to the Host, except in the cases outlined below, where the Super Host may be responsible for up to one thousand (1000) dollars or damages:
Cases of (i) purposeful or accidental damage done to the Host’s stored equipment by the Super Host or those with authorized access to the Super Host’s property; or (ii) failure to take reasonable measures to maintain standards of storage space, which resulted in damage the Host’s stored equipment.
For their own protection Super Hosts are encouraged to record the initial state of the equipment being stored for the Host.
In the event that the Super Host is found responsible for damages to the stored equipment as outlined in the cases above, you authorize Mobound to determine the amount to be charged to the Super Host, if any except in cases exceeding one thousand (1000) dollars in damages (as determined by Mobound), which will then be determined by professional arbitration (see “27. Arbitration” below) between the Super Host and Host. The Super Host agrees to pay associated arbitration fees in the cases where the Super Host is found responsible for damage to Host’s Stored equipment as described above.
Theft of Stored Equipment
The Super Host agrees to compensate the Renter for lost or stolen equipment unless a (i) police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Super Host’s Space. Except in the above outlined cases, the Super Host authorizes Mobound to determine the amount to be charged to the Super Host, if any, except in cases exceeding one thousand (1000) dollars in damages (as determined by Mobound), which will then be determined by professional arbitration (see “27.Arbitration” below) between the Super Host and Host. The Super Host agrees to pay associated arbitration fees in the event of lost or stolen equipment except in the cases outlined above.
Mobound does not endorse any Members or any Equipment. You are responsible for determining the suitability of others who you contact or contact you via the Site and Services. Mobound will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Mobound with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site, App and Services regarding any bookings or Listings made by you.
Risk of Personal Injury Due to Host's Negligence
Renter agrees that the use of the Equipment is at Renter's sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to provide use case information for the equipment being rented. Host shall have no liability to Renter or Renter's invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.
Default By Renter
Renter will be in "default" if: (a) Renter has failed to pay any sum when due under the Listing, or (b) Renter has failed to notify Host of a change in Renter's address or phone number as required in these terms; or (c) Renter has provided false or incorrect information to Host or in any mailing address changes submitted to Host; or (d) Renter has failed to return equipment by the end of their confirmed Booking period; or (e) Renter has failed to comply with any other provision of these Terms, or any supplemental rules in the Listing or provided by Host; or (f) Renter has violated health, safety or criminal laws on the Host's equipment, regardless of whether arrest or conviction has occurred. Failure of Mobound or Host to enforce any of these Terms shall not constitute waiver of such Term(s).
Any Renter found in default may be charged a two hundred (200) dollar inconvenience fee to be paid directly to Mobound.
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.
In connection with your use of our Site and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the Site, Services or Content;
use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
"stalk" or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Mobound Renter or Host;
offer, as a Host, any equipment that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Equipment as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
register for more than one Mobound Account or register for a Mobound Account on behalf of an individual other than yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host's equipment or Listings;
contact a Renter for any purpose other than asking a question related to a booking or such Renter's use of the Site, App and Services;
when acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Mobound, without Mobound’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site or Services;
use the Site and Services to find a Host or Renter and then complete a booking of a equipment transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees and Processing Fees related to Mobound's provision of the Services;
as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, or any individual element within the Site or Services, Mobound's name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mobound's express written consent;
access, tamper with, or use non-public areas of the Site Mobound's computer systems, or the technical delivery systems of Mobound's providers;
attempt to probe, scan, or test the vulnerability of any Mobound system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mobound or any of Mobound's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
If you rent equiopment to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, You should immediately report such person to the appropriate authorities and then to Mobound by contacting us with your police station and report number at support@Mobound.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Termination and Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Mobound Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Mobound terminates these Terms, or your access to our Site and Services or deactivates or cancels your Mobound Account you will remain liable for all amounts due hereunder. You may cancel your Mobound Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@Mobound.com. Please note that if your Mobound Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
The Renter, Renter's employees, agent, family, guests and other invitees agree to comply with Host's rules and policies and any other rules which are contained in the Listing. Failure to comply with Host’s rules as found in the Listing may result in (i) the Renter being held in Default (as described “13.Default by Renter”) and (ii) the Renter being held liable for damages to the Host’s property or Equipment.
MOBOUND LIABILITY WAIVER
I, THE UNDERSIGNED, HEREBY ACKNOWLEDGE THAT I AM FULLY AWARE OF THE INHERENT RISKS AND DANGERS OF THE ACTIVITIES IN WHICH I AM VOLUNTARILY PARTICIPATING IN, INCLUDING BUT NOT LIMITED TO HARM, BODILY INJURY OR DEATH WHICH MAY OCCUR TO A PARTICIPANT. The full risks and dangers of, and responsibility for, my participation in such activities, no matter where the activities are taking place, I waive any claim for and release and agree to hold harmless and indemnify the owners, employees, representatives and any and all persons, firms and organizations associated with MOBOUND hereinafter designated as the "Releasees", from and against any and all liability and/or responsibility, and any and all claims, demands and/or causes of action, for any accident, damage, injury, illness and/or death. Including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by MOBOUND and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in the use of this site, I hereby take action for myself, my executors, administrators, heirs, next of kin, and successors.
I WAIVE, RELEASE, AND DISCHARGE MOBOUND and all Releasees from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event,' (B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE MOBOUND and all Releasees from any and all liabilities or claims made as a result of using this site to rent outdoor equipment for use, whether caused by the negligence of release or otherwise. I acknowledge that this activity or event may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to those I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND BY USING THIS SITE CONSTITUTES MY AGREEMENT TO ALL THESE TERMS WITHOUT LIMITATION.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MOBOUND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOBOUND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MOBOUND MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EQUIPMENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. MOBOUND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOBOUND OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS. YOU UNDERSTAND THAT MOBOUND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. MOBOUND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MOBOUND. NOTWITHSTANDING MOBOUND’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, MOBOUND EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EQUIPMENT VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MOBOUND WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MOBOUND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY EQUIPMENT VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOBOUND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE MOBOUND HOST GUARANTEE, IN NO EVENT WILL MOBOUND'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY EQUIPMENT VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY EQUIPMENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY MOBOUND TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBOUND AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Mobound and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) your access to or use of the Site Services, or Collective Content or your violation of these Terms;
(b) your Member Content;
(c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, for equipment pickup by you; and
(d) your (i) interaction with any Member, (ii) booking of a equipment, (iii) creation of a Listing or (iv) the use, condition or rental of equipment by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of equipment.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Mobound a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Mobound does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Mobound the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Mobound’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Mobound is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mobound of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You and Mobound mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in Salt Lake City, Utah or another location mutually agreeable to the parties, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.
You and Mobound both acknowledge and agree that we are each waiving the right to trial by jury in all arbitrable disputes. You and Mobound also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and Mobound otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Exceptions to this Arbitration Agreement include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this Arbitration Agreement shall not have any impact on the remainder of the Arbitration Agreement, which shall be given full force and effect.
Mobound reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees (defined below) or Processing Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@Mobound.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Mobound and you hereby irrevocably assign to Mobound and agree to irrevocably assign to Mobound all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Mobound’s request and expense, you will execute documents and take such further acts as Mobound may reasonably request to assist Mobound to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.