Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING SHAREURGEAR.COM WEBSITE
Shareurgear.com (“we”, “us”) provide the user (“you”) a website for facilitating the neighbourly sharing, rental, hiring and/or sale of products and services.
We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided during the registration process. Otherwise, you may view the most recent Agreement on the Shareurgear.com website.
Eligibility. Registered users of Shareurgear.com (each a “User”) must be of legal age in their applicable country, region, state or other jurisdiction to form and perform binding legal contracts for the rental/exchange/hire or sale between them. In no case shall any User be less than eighteen (18) years old. Your registration for, and/or use of, Shareurgear.com constitutes your representation that (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement. Registration is void where prohibited.
By registering to use Shareurgear.com, you affirm that you are 18 years of age or older. You agree to provide accurate, current, and complete information during the registration process, including your real name and contact information (“Registration Information”). We reserve the right to refuse registration for any reason at our sole discretion.
Online Account Security; No Assignment. Upon registration, you will be asked to select a unique username and password. It is your responsibility to maintain the security and confidentiality of your username and password. You are further responsible for any and all activity on your account. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account. Shareurgear.com will not be liable for any loss or damage to you arising from unauthorized access to or use of your account caused by your failure to comply with this provision.
CONDITIONS OF USE
Conditional on your compliance with this Agreement, “we/us” grant to you a personal, limited, nonexclusive, non-transferable license to use Shareurgear.com. We reserve all rights of ownership in Shareurgear.com not expressly granted to you. We or our licensors own all rights, title and interest in and to Shareurgear.com and its content, including all copyrights, trademarks, and other intellectual property rights (“Shareurgear.com content”). Neither your account nor any of your rights or obligations as a Shareurgear.com user may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity without our prior written consent.
Personal Conduct. As a condition of the license granted to you to use Shareurgear.com, you agree that you will not use Shareurgear.com in any manner or for any other purpose that violates any applicable laws, regulations, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify Shareurgear.com in any manner or form, (iii) copy, distribute, or create derivative works based on the Shareurgear.com content, (iv) impair Shareurgear.com or any other person’s use or enjoyment of Shareurgear.com or of any goods or services procured through Shareurgear.com, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey Shareurgear.com, the Shareurgear.com content, or any features thereof.
The following is a non-exhaustive rules of conduct that is expressly forbidden and any violation of these rules will result in immediate cancellation of your membership, without any recourse from you.
- Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Shareurgear.com, or any User or supplier, or those of any other party.
- Any attempt to probe, scan or test the vulnerability of a system or network of Shareurgear.com or any User or supplier, or those of any other party.
- Interference, or any attempt to interfere with, service to any User, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system.
- Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting.
- Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity.
- Use of Shareurgear.com to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
- Use of Shareurgear.com to engage in activities that violate any applicable law or governmental regulation.
- Any use of Shareurgear.com that we deem, in our sole discretion, to be exploitative, harassing, or otherwise harmful to any other person or entity.
- Use of Shareurgear.com or any service to engage in activities that violate any applicable law or governmental regulation, including (without limitation) laws and regulations relating to (i) the possession, use, or distribution of weapons, alcohol, prescription drugs or other restricted substances, (ii) pornography, (iii) computer malware, (iv) professional licensing requirements, and/or (v) any other activity which is subject to criminal or civil penalty.
Content. You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner posted on or sent through Shareurgear.com or transmit to any other User (“User Content”). You will not post or distribute to another User any illegal or prohibited User Content, including (but not limited to) User Content that:
- is deliberately offensive, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- harasses or advocates harassment of another person.
- involves the transmission of unsolicited mass mailing (“spamming”).
- contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities.
- is abusive, threatening, obscene, defamatory or libellous.
- contains or promotes distribution of, or access to, any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
- contains or provides material that exploits people under the age of 18 in a sexual or violent manner.
- solicits personal information from anyone under the age of 18.
- impersonates any individual.
- provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- solicits a password or personally identifying information for commercial or unlawful purposes from another User.
- engages in commercial activity other than the standard sharing, rental, hiring and sale of products and services without our prior written consent (such as conducting contests, sweepstakes, advertising, and/or pyramid schemes).
Accuracy of Information. You will not provide inaccurate, misleading or false information to or through Shareurgear.com or to any other User. You agree to promptly notify us if information provided to or through Shareurgear.com or another User later becomes, or is discovered to be inaccurate, misleading or false.
Insurance. You are solely responsible for any loss or damage suffered as a result of lending, leasing, hiring, distributing, borrowing, renting, selling, or otherwise obtaining and/or using, any goods or services via Shareurgear.com. You are responsible for obtaining and maintaining any insurance which you deem necessary or advisable to cover any loss or damage to such goods and/or incurred by anyone in connection with the use or provision of the goods or services. To the extent that you maintain such insurance, you are solely responsible for ensuring that your policy covers the intended exchange of the goods or services.
Links to Third Party Sites. Shareurgear.com may contain hyperlinks to websites that are not controlled by us, and which may have their own terms of service and privacy policies. We are not responsible for, and do not endorse or accept any responsibility for, the contents of or your use of such websites.
Violations. You agree to promptly report to us any violation of the terms of this Agreement by you or any other User.
INTERACTIONS WITH USERS
What We Do
Through Shareurgear.com, (“we”, “us”) provides the user (“you”) a website for facilitating the neighbourly sharing, rental, hiring and sale of products and services.
What We Don’t Do
We do not actively participate in any transactions, and do not verify or guarantee the truth or accuracy of any information posted by any User with regard to the existence, availability, authenticity, quality, or value of any item offered through Shareurgear.com. We do not and cannot guarantee that transactions entered into between Users will be completed.
You agree that you are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with (i) your interactions with other members and/or Users, whether online or in person, and (ii) your use of any products or services made available by Users.
You acknowledge that we do not screen or investigate the background of any Users, nor do we verify or otherwise warrant the accuracy of any representations or statements made by any User to you or others regarding products or services. Your transactions with Users, and any other terms, conditions, representations or warranties associated with such transactions, are between you and such User exclusively and do not involve Shareurgear.com or its sponsors or enterprise partners. It is your sole responsibility to make whatever investigation and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with other Users, whether online or in person. SHAREURGEAR.COM AND ITS SPONSORS AND ENTERPRISE PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER.
In no event shall Shareurgear.com, or its sponsors or enterprise partners be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with the use of Shareurgear.com, whether online or in person, including without limitation pecuniary loss, bodily injury or death, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users or other persons you encounter in connection with your use of Shareurgear.com.
INTELLECTUAL PROPERTY RIGHTS & RESTRICTIONS
Shareurgear.com, the Shareurgear.com.website, and all elements thereof are owned by Shareurgear.com and may be protected by copyright, trademark, patent, trade secret, and/or other laws. Shareurgear.com owns and retain all rights, including the worldwide copyright, in all elements of Shareurgear.com solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Shareurgear.com content without our prior written permission. You may not “mirror” any materials contained on Shareurgear.com on any other server without our prior express written permission. Any unauthorized use of any Shareurgear.com content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
SHAREURGEAR.COM and the Shareurgear.com logo are trademarks or registered trademarks of Shareurgear.com. All other trademarks or registered trademarks used on Shareurgear.com are the property of their respective holders. The use of company names, product names and logos or images on Shareurgear.com does not necessarily constitute an endorsement of the named company or products by Shareurgear.com.
We claim no ownership of any intellectual property rights to any User Content you post to or through Shareurgear.com. To the extent that you own the rights to such User Content, you retain those rights solely and exclusively. In other words, User Content you upload to Shareurgear.com is and will remain yours. However, understand that by sharing User Content publicly via Shareurgear.com you are allowing others to view that User Content.
By posting User Content to or through Shareurgear.com, you grant us a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or display in any format or medium, with full right of sublicense, such User Content on and through Shareurgear.com.
PERSONAL INFORMATION AND PRIVACY
REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of Shareurgear.com complies with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party.
DISCLAIMER; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY SHAREURGEAR.COM. ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. SHAREURGEAR AND ITS SPONSORS AND ENTERPRISE PARTNERS DISCLAIM ALL WARRANTIES RELATING TO SHAREURGEAR.COM, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF SHAREURGEAR.COM IS SOLELY AT YOUR OWN RISK.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SHAREURGEAR.COM OR ITS SPONSORS OR ENTERPRISE PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, OR PERSONS INTRODUCED BY SHAREURGEAR.COM, WHETHER ONLINE OR OFFLINE. SHAREURGEAR.COM. MAKES NO REPRESENTATION OR WARRANTY AS TO THE CHARACTER, CREDIT-WORTHINESS, RENTAL HISTORY OR OTHER QUALITY OF ANY USER. SHAREURGEAR.COM DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON SHAREURGEAR.COM.
SHAREURGEAR.COM AND ITS SPONSORS AND ENTERPRISE PARTNERS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY SHAREURGEAR.COM ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE MADE AVAILABLE VIA SHAREURGEAR.COM.
You agree to indemnify, defend, and hold harmless Shareurgear.com its owners, officers, directors, employees, agents, subcontractors, sponsors, and enterprise partners for any losses, costs, liabilities and expenses (including reasonable solicitors’ fees) arising out of or relating to (i) any intentional or wilful violation by you of any rights of another or harm to another caused by you or any product or service you make available through Shareurgear.com, (ii) any inaccurate or untruthful User Content or other information provided by you to or made available through Shareurgear.com, (iii) any violation by you of any term of this Agreement.
Either you or we may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to Shareurgear.com or any other Shareurgear.com service, without notice, if we (in our sole discretion) determine that you have violated any term of this Agreement. In the event that your access is suspended due to the breach of this Agreement, you acknowledge and agree that any fee(s) you have paid for such service will not be refunded. Following any termination of your account and/or membership, we reserve the right to send a notice that you have been terminated to other Users with whom you have corresponded.
All notices and communications required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid or electronic mail as follows: if to you, to the most current email address or physical address on file with Shareurgear.com in association with your membership or account; if to Shareurgear.com.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California, without giving effect to its choice-of-law rules. The federal and state courts of the State of California shall be the exclusive forum for resolution of claims or disputes relating to or arising out of this Agreement or your use of Shareurgear.com. You submit to the exclusive jurisdiction of the appropriate state or federal courts in Los Angeles County, California, in any proceeding relating to any such claim or dispute.
This Agreement contains the entire agreement between you and Shareurgear.com regarding the use of Shareurgear.com and any product or service obtained in relation thereto, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions or concerns about this Agreement or Shareurgear.com, please click here to contact us.