TERMS OF SERVICE
Last updated: October 11, 2022
THESE TERMS OF SERVICE (“Terms” or “Agreement”) set forth the legally binding terms between you (“User”, “you” or “your”) and Shrent, LLC, a Florida limited liability company (“Shrent”, “we” or “us”) and govern your access to, and use of, the Shrent website(s), https://www.shrent.com, APIs, related mobile or desktop applications (collectively, the “Site”) and any other software, tools, features, or functionalities provided on, or in connection with, our services (collectively, the “Services”).
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST USED THE SERVICES.
THESE TERMS GOVERN HOW DISPUTES BETWEEN YOU AND SHRENT MAY BE RESOLVED AND INCLUDE LIABILITY DISCLAIMERS, AS WELL AS WAIVERS OF CLASS ACTIONS AND JURY TRIALS. THESE TERMS CONTAINS A BINDING AND FINAL ARBITRATION PROVISION.
ABOUT OUR PLATFORM.
Through the Site and related Services, Shrent provides an online platform that connects Users who desire to loan out their items (the “Owner(s)”) with Users who wish to borrow such items (the “Renter(s)”) in exchange for payment of fees to the applicable Owner and Shrent via the Site (the “Platform”). Shrent does not borrow or lend items itself. Each such lending transaction between an Owner and Renter shall, for the purposes of these Terms, be referred to as a “Lending Transaction” and each item that is the subject of a Lending Transaction shall for the purposes of these Terms, be referred to as an “Item.”
LICENSE TO ACCESS AND USE OUR PLATFORM.
Shrent grants you a limited, non-exclusive, non-transferable, non-sublicensable, terminable, and personal license to access and use the Platform, including the Site and Services, solely for the purposes contemplated herein, provided that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Platform, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Platform, in each case for the sole purpose of enabling you to use the Platform as permitted by these Terms.
If you wish to use, reproduce, modify, distribute, or store any of part of the Platform or Site for a commercial purpose, you need prior written permission from Shrent, and the applicable intellectual property rights holder, if any. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit such content for monetary gain in any way.
By using the Platform, you hereby represent and warrant that you completely understand, accept, and agree to be bound by, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and that you have the right, authority, and capacity to enter into, and be bound by, these Terms.
By using the Platform, you further agree, represent and warrant that your use and access to the Platform complies with all applicable laws and regulations in your jurisdiction, including, without limitation, having legal capacity and any other applicable legal requirements in your jurisdiction for using the Platform and agreeing to these Terms, and that the manner in which you use the Platform does not violate the law, our legal rights, or the rights of any third party.
The Platform is not intended for individuals who are under the age of eighteen (18) years old. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE PLATFORM AT ANY TIME OR IN ANY MANNER.
USER ACCOUNT REGISTRATION.
To access our Services and utilize the Platform, you must sign up for an account with us (each a “User Account”). When creating a User Account, you must provide accurate and complete information, and you must keep this information up to date. To create a User Account, you must be at least eighteen (18) years of age and will be required to provide us with information about yourself, your company and/or the person or entity you claim to represent, such as providing us your first and last name, email address, and creating a password.
Any User opening or using a User Account on behalf of another person or entity (“Agent”) represents and warrants that such Agent has valid authorization to act on behalf of the person or entity he, she, or they claim to represent and that the Agent is an authorized representative of the entity with the authority to bind the entity to these Terms, and that the Agent agrees to these Terms on the entity’s behalf. In the absence of such authorization, such Agent accepts personal liability for any and all liabilities arising from their use of the Account. We are not responsible for any obligations or liabilities arising from use of your User Account by your Agents. Users who use the Platform on behalf of individuals under the age of eighteen (18) accept personal liability for all acts or omissions of such individuals.
It is solely your responsibility to ensure that the e-mail address and password for your User Account are always kept private and secure. Regardless of whether or not you have given other authorizations, you are responsible for any actions or activity taken from your User Account. We encourage you to use strong passwords (i.e., passwords that use a combination of upper and lower-case letters, numbers and symbols) with your User Account. We may also choose to maintain different types of User Accounts for different types of Users, e.g., Renters and Owners.
You must notify Shrent immediately of any breach of security or unauthorized use of your User Account. Shrent will not be liable for any losses caused by any unauthorized use of your User Account.
When you create a User Account, you must provide us with certain information about yourself, as requested in the applicable registration forms on the Site. In addition, when you list an Item for rent as an Owner, you must also provide us with certain additional information about yourself and your Item(s). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must always keep your User Account up to date. Based on information you provide, Shrent may impose additional requirements for you to book a rental of an Item (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).
Shrent has the right, but not the obligation, to undertake screenings, checks, and other processes designed to (i) help verify the identities or check the backgrounds of Users, and (ii) verify Item details. Shrent does not endorse any Item, User, or a User’s background, or commit to undertake any specific screening process. Such items may request a valid driver’s license or passport, amongst other items, in order to undertake such verification. Shrent may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Shrent to request, receive, use, and store such information. Shrent may permit or refuse your request to rent or list an Item, in its sole and absolute discretion. Shrent may, but does not commit to, and shall be under no obligation to, undertake efforts to ensure the safety, quality, or working order of any Items listed or rented through the Platform. We do not make any representations about, confirm, or endorse the safety, fitness, condition, or legal status of any Items beyond our policies that require Owners to ensure that they have the legal right to rent the Item, and that their Items are in safe and usable condition, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements. Users must make such verifications on their own, and shall hold Shrent harmless, as further set forth herein.
CONSUMER REPORT AUTHORIZATION.
When you attempt to book or list an Item, or at any time after where Shrent reasonably believes there may be an increased level of risk associated with your use of the Platform, listing or renting of any Item, you hereby provide Shrent with the full authorization, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws, to obtain your personal and/or business credit report, and/or conduct a background check, including a criminal background check, where permissible under applicable law.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By entering your wireless telephone number, you hereby grant us permission to send push notifications, alerts, text messages, or phone calls to your mobile device, as well as your permission to monitor, record and/or retain any telephone calls between you and us. Such notifications may provide information, notify you of service updates, contain promotional communications and transmit other related messages. Message and data rates may apply. You may deactivate these notifications by changing your notification settings on the Site or contacting us, as provided at the end of these Terms.
To access the Platform via a mobile device and to receive mobile electronic communications, you must ensure that your hardware and software are up to date. If any issues with communicating or receiving messages persist after you have verified that your hardware and software have all current updates installed, please contact us as provided at the end of these Terms.
IMPORTANT WARNINGS ABOUT LENDING AND RENTING ITEMS
Shrent only provides a platform that enables Users to borrow and lend items, but does not borrow or lend items itself. We also do not regularly monitor the quality of the items made available for hire by Owners through the Platform. As such, the Owner is responsible for ensuring that Items conform to any descriptions provided, are fit for their particular purpose, and are safe to use. If you are a Renter, Shrent will not be responsible to you for any items that you borrow through the Platform. If you are an Owner, you will also be responsible for complying with any obligations you may have under applicable law with respect to the Items that you provide for rent, including giving effect to Renter’s rights under applicable consumer laws and compensating. You will be required to provide compensation for any damage to the Renter or any other person or thing caused by your Items, unless due to the negligence or willful misconduct of the Renter. If you are a Renter, you will be responsible for any Items you rent through the Platform, including compensating the Owner for any loss or damage to those Items. You, as the Renter, will also be responsible for any damage you cause to other people or property when you use those Items.
Please also read about our “Shrentassurance” by clicking here.
TERMS SPECIFIC TO RENTERS
Requests to Borrow.
Subject to meeting any and all requirements set by Shrent and/or the Owner in accordance with these Terms, you may borrow an Item through the Platform by submitting a request to the Owner through the Platform. Shrent reserves the right, but is under no obligation, to verify your request prior to delivering it to the applicable Owner.
All applicable fees, including without limitation any Item Fees and the Shrent Commission applicable to Renters (collectively, the "Renter Fees") will be presented to you prior to submitting your request to borrow an Item. Upon receipt of a booking confirmation from Shrent, a legally binding agreement is formed between you and the applicable Owner, and you agree to pay the Renter Fees attributable to the applicable Lending Transaction, which shall be non-refundable – even if you cancel the Lending Transaction, unless otherwise set forth herein. Please see the section below, entitled “Acceptance and Cancellation” and our “Frequently Asked Questions”.
In the event the Renter owes Shrent or an Owner the Renter Fee or any payment under the terms of this Agreement, Renter agrees to pay the unpaid balance immediately and no later than twenty-four (24) hours from such request by Shrent or the Owner. Renter authorizes Shrent and its third-party payment processors to charge your payment method for the fees described in this Section in the event that such payment is not received within the applicable time period. By agreeing to the terms of this Agreement, Renter acknowledges and agrees to waive their right to chargeback any transactions in connection with the Services or Items with your bank.
Shrent reserves the right to withhold payment or charge back to the Renter’s applicable payment method, any amounts otherwise due to Shrent under these Terms or amounts due to any breach of these Terms (or any applicable terms contained on the Site) by Renter, pending Shrent's reasonable investigation of such breach. Shrent also reserves the right to withhold payment or charge back to Renter’s applicable payment method any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute.
To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your User Account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Platform.
If you dispute any payment made hereunder, you must notify Shrent in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to notify Shrent shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes or other amounts from payments due to you, as required by these Terms or applicable law.
If Shrent is unsuccessful in charging the Renter Fee or any other amount to the Renter’s credit card, debit card, or payment method, and Shrent has not still received payment within forty-eight (48) hours after informing the Renter, Shrent may suspend or temporarily disable all or part of the Renter’s access to the Platform or the Services (without any responsibility of the Renter), and Shrent shall be under no obligation to provide any or all of the Services or use of the Platform while the disputed amount remains unpaid by the Renter. If the Renter performs or attempts to perform a chargeback a payment due under the terms of this Agreement, the Renter’s User Account may be immediately suspended until the payment is re-paid or the chargeback is cancelled. Such dispute does not affect any other rights and remedies available to the Owner or Shrent.
Limited License and Return.
You understand that when you enter into a Lending Transaction, you are being granted a limited license granted by the Owner to borrow and use the Item for the period identified in your borrowing request. You agree to return the Items no later than the time that is indicated in the accepted borrowing request; provided that you may request to extend the rental period from the Owner, who may choose to extend the rental period at the Owner's sole discretion. If you retain the Item beyond the agreed upon time or fail to use reasonable efforts to communicate with the Owner during your rental period to coordinate delivery and return of the Item, your license to borrow and use the Item shall be immediately and automatically revoked, and the Owner is entitled to demand that you return the Items in a manner consistent with applicable law. In addition, you agree to pay for each twenty-four (24) hour period (or any portion thereof) that you retain the Item, an additional fee of up to two (2) times the average daily Item Fee originally paid by you to cover the inconvenience suffered by the Owner and Shrent, plus all applicable taxes, and any legal expenses incurred by the Owner and Shrent in enforcing the requirement for you to return the Item unless and until such late fees reach the estimated value of the retained Items. You authorize Shrent and its third-party payment processors to charge your payment method for the fees described in this Section.
Damages to Items.
Renters are responsible for returning any Items borrowed pursuant to a Lending Transaction to the applicable Owner in no less than the same condition it was in when the Item was first received. Renters are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to or use of the Items, excluding the Owners. In the event the Item is damaged, lost, stolen, or destroyed, for any reason, you agree that you must notify Shrent and the Owner immediately, and further that Shrent and its third-party payment processors may charge your payment method for up to the fair market value of the applicable Item to compensate for such damage, loss, or destruction of the Item. All issues relating to damages to Items are to be negotiated in good faith between the Renter and Owner.
Indemnification and Hold Harmless.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Renter agrees, on behalf of themselves and their personal representatives, heirs, executors, administrators, agents, and assigns to RELEASE, DISCHARGE, HOLD HARMLESS, AND COVENANT NOT TO SUE Shrent, its partners, and Shrent’s respective officers, directors, managers, partners, agents, employees, stockholders, representatives, members and vendors and each of their respective related, affiliated and subsidiary companies, successors, licensees, and assigns (each a “Releasee” and hereinafter collectively “Releasees”) for any and all claims or causes of action (known or unknown), including, but not limited to, any liability, whether based on ordinary or gross negligence, contract, tort, statute or otherwise, for any claim (including third party claims), judgment, loss, liability, cost and expenses (including, without limitations, attorney’s fees and costs) relating to, arising out of or connected in any way with my participation in the Services including, but not limited to, any and all Services, Items, or other interaction the Renter has with Shrent or any of the Releasees, including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and/or death) that the Renter may incur or sustain during or that may in any way arise in connection with the Services or an Item(s) (whether or not relating to any new or pre-existing condition, disclosed or undisclosed), (ii) if pregnant, any complications in my pregnancy or effect on the Renter’s child (before or after birth) that the Renter may incur or sustain during or that may in any way arise in connection with the Services or Item(s) (whether or not relating to any new or preexisting condition, disclosed or undisclosed), (iii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative of Shrent or any of the Releasees (whether in connection with the Services, or otherwise) and (iv) any and all activities associated or connected in any way with the Services or Item(s), whether or not the Services are actually rendered in full or in part. Renter further expressly agrees to indemnify and hold harmless Shrent, Releasees and Releasees’ members, managers, principals, officers, directors, successors, assigns, executors and administrators against loss from any claims, demands or actions that may subsequently be brought by Renter or by any other persons on the account of damages, costs, expenses, liabilities or other losses of any character resulting to me in any way from, in connection with, or as a consequence of, any and all activities associated or connected in any way with the Services or Item(s), in each of the foregoing cases whether or not the Services are actually rendered in full or in part. Renter further agrees to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneys’ fees. Renter understands that the foregoing waivers and indemnities are a material inducement to Shrent to allow Renter to receive the Services and Item(s), that Shrent is expressly relying on such waivers and indemnities in allowing the Renter to receive the Services and Item(s), and that, but for such waivers and indemnities, Renter would not be permitted to receive the Services and Item(s).
Renter Representations and Warranties.
By submitting a request to enter into a Lending Transaction with an Owner, you represent and warrant that: (i) you have read and accepted the description of the Item provided by the Owner; (ii) you have the funds available to cover the required payments for the Renter Fees and any late charges for any Items retained after the rental period; (iii) you accept responsibility for the Items and agree to pay any late fees and charges in accordance with terms of this Section; and (iv) you agree to use the Items in compliance with any and all applicable laws, rules, and regulations.
Lending Transaction Acknowledgement; Assumption of Risk; Release of Claims.
When you borrow an Item from an Owner as part of a Lending Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Owner – not Shrent.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE SHRENT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AS A RENTER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY LENDING TRANSACTIONS THAT YOU MAY ENTER INTO ON THE PLATFORM.
TERMS SPECIFIC TO OWNERS.
Item Listings and Descriptions.
When listing an Item for Renters to borrow through the Platform, Owners must: (i) provide complete and accurate information and descriptions about the Item(s); (ii) disclose any deficiencies, restrictions, and requirements, and instructions that apply to the Item(s); and (iii) provide any other pertinent information requested by Shrent. Images or videos used in the Owners' Item listings must accurately reflect the quality and condition of the Items, including up-to-date photographs. Shrent reserves the right to require that Item listings and descriptions have a minimum number of images or videos of a certain format, size, and resolution.
Item Fee and Acceptance; Payment.
You are solely responsible for setting a price (including without limitation any taxes if applicable, or charges such as delivery fees) for the Renter to rent your Items ("Item Fee"). Once a Renter requests to borrow your Items, you may not request that the Renter pay a higher price than in the request or modify any other terms of the offer, nor may you do any subsequent verification of the Renter.
When you post items for rent on the Platform, you must ensure that the Item Fee you advertise on your listing is the total price payable for hiring your items, including any applicable taxes, including sales and use tax, or costs of delivery. Shrent is not responsible for collecting and remitting any taxes due and payable in connection with the rental of an Item through the Platform.
ACCEPTANCE AND CANCELLATION.
You may accept or reject any request or offer from a Renter to enter into a Lending Transaction at your sole discretion. Once you accept a request to enter into a Lending Transaction, a legally binding agreement is formed between you and the applicable Renter. Once you enter into a Lending Transaction with a Renter, you agree to be responsive to the Renter and to communicate with them to coordinate the delivery and return of the Item.
Renter is required to do their own due diligence prior to accepting the Item. If the Item is defective, damaged, or unacceptable for any reason, the Renter must not accept the item and is required to file a claim with Shrent within twenty-four (24) hours of the start of the rental period.
Owner must undertake an independent inspection of the Item before renting and document with images (please include timestamp and location information, if available) and upon check-in/return of the Item.
You will not list or loan the following Items on the Platform: (i) alcohol, tobacco, drugs, or drug paraphernalia; (ii) illegal items, items promoting illegal activity, and highly regulated items; (iii) pornography, explicit, or mature content, or which may damage our reputation; (iv) items that violate the intellectual property rights or other proprietary rights of Shrent, another User, or any other third party; (v) animals and animal products; (vi) firearms, knives, bows, or weapons of any kind, (vii) chainsaws; (viii) motor vehicles, including automobiles, motorcycles, golf carts, scooters, tractors, watercraft and the like; (vii) fireworks or other devices involving explosives or pyrotechnics, (viii) toxic or other hazardous substances, and/or (xi) storage space and/or contents stores with; and (xii) any Items that are not clean or in good condition. Shrent reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the Platform, whether or not they are included on this list of prohibited Items.
Item Representations and Warranties.
When you enter into a Lending Transaction as an Owner, you represent and warrant that: (i) that you have the legal authority to rent or use an applicable Item, (ii) you are in possession of all licenses and permits necessary to provide the Items to the Renters and Shrent pursuant to these Terms; and (iii) the Items, your provision of the Items, and Shrent's and Renters' use of the Items under these Terms will (a) not breach any agreements you have entered into with any third parties, (b) comply with all applicable laws, tax requirements, and applicable governmental or administrative rules and regulations, and (c) will not violate any third party's proprietary rights, including, but not limited to, any intellectual property rights and privacy rights.
The placement and ranking of Items in search results on the Platform may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of images, customer service and cancellation history, and Reviews and Ratings (as defined below).
“Shrentsurance” - Owner’s Assurance
As part of the Platform, Shrent may allow Owners to be compensated for any Items that are damaged by filing a claim with Shrent (“Shrentsurance”). Shrent reserves the right to discontinue this Owner’s Assurance for any or no reason and without prior notice to you or to Owners generally. Please see all details regarding our Owner’s Assurance by clicking here. You are solely responsible for properly insuring any Items that you choose to rent through the Platform. Owner and Renter acknowledge and agree that all loss or theft of an Item must be reported with applicable law enforcement agencies and a copy of any police report must be provided to us immediately upon receipt thereof. However, in no event shall Shrent be liable for loss, theft, or damage of an Item.
Lending Transaction Acknowledgement; Assumption of Risk; Release of Claims.
When you lend an Item to a Renter as part of a Lending Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Renter – not Shrent.
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT TO LENDING YOUR ITEMS TO RENTERS IN CONNECTION WITH A LENDING TRANSACTION – INCLUDING, BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF YOUR ITEMS AND THAT YOU ASSUME ALL RISK IN CONNECTION WITH LENDING YOUR ITEMS THROUGH THE PLATFORM.
WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE SHRENT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AS AN OWNER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY LENDING TRANSACTIONS THAT YOU MAY ENTER INTO ON THE PLATFORM.
FEES AND PAYMENT TERMS.
The fees we charge for using the Platform and other cost structures will be itemized at checkout for Users. You can verify the amount for your Lending Transaction at checkout before you submit your request for a Lending Transaction. Owners can view earnings through their User Account and/or via their Stripe account and learn more about earnings breakdown here. When a Renter provides Shrent with a payment method, it authorizes Shrent, or third-party service providers acting on behalf of Shrent, to store its payment credential for future use in the event it owes Shrent any money, fees, or other amounts. You authorize Shrent to use stored payment credentials for balances and any associated fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Shrent may receive a commission from each of the Owner and the Renter for any and all Lending Transactions taking place through the Platform (each, a “Shrent Commission”). If there is a commission, it will be clearly itemized at checkout. The Shrent Commission will be ten percent (10%) of the Item Fee from each of the Owner and the Renter, or such other amount as may be presented to Owner and Renter through the Platform at the time of requesting and accepting a Lending Transaction. For purposes of clarity, Shrent will charge Renters for the Item Fee plus the Shrent Commission, and will also retain the Shrent Commission from the Item Fee prior to its payment to Owner.
You shall not engage in any practice which may avoid or lower the amount of Shrent Commission that would otherwise have been payable had the Lending Transaction been completed using the Platform (such practices collectively referred to as "Commission Avoidance"). Commission Avoidance includes, without limitation, entering into any lending transaction, agreement, or contract, or otherwise coordinating to lend and borrow Items outside of the Platform, where the parties were first introduced to each other and/or interacted in connection with the Item through the Platform or otherwise as a result of Shrent. In the event of engagement by any User(s) in any Commission Avoidance, such User(s) shall compensate, and to the extent necessary, indemnify and hold harmless, Shrent in respect of any and all lost profits, damages, and other harm suffered by Shrent as a result of such Commission Avoidance. In the event that you attempt to engage a User you met through the Platform in a rental or transaction that does not use the Platform, you shall be liable to pay damages of up to the greater of (i) the Shrent Commission or (ii) Two Hundred Dollars ($200.00), as a penalty for doing so and Shrent may terminate your User Account without any liability to you.
Payment Methods and Processing.
Currently, Shrent does not engage with the payment processing part of the Lending Transaction. All payments are to be handled between rental parties. It is up to the Owner to ensure all payment is paid in full as per the agreed upon terms.
If Shrent decides to turn on payment functionality, Shrent will accept various payment methods for the Services through the Platform, including, but not limited to, Mastercard, Visa, and American Express. Gift cards are not accepted. For any fees on the Platform payable to Shrent or other Users, Shrent or its third-party payment processor will bill your payment method submitted in connection with the Lending Transaction or otherwise provided with your User Account. Shrent will not process any transaction without authorization validation of your purchase from your payment method. Payments made through the Platform are processed by Stripe®. You can read their full terms and conditions here, to which you expressly agree.
Payment processing services for Owners on Shrent are provided by Stripe® and are subject to Stripe’s terms and conditions, available at https://stripe.com/legal/ssa (collectively, the “Stipe Services Agreement”). By agreeing to these Terms or continuing to operate as an Owner on Shrent, you agree to be bound by the Stripe® Services Agreement, as the same may be modified by Stripe® from time to time. As a condition of Shrent enabling payment processing services through Stripe®, you agree to provide Shrent accurate and complete information about you and your business, and you authorize Shrent to share it and transaction information related to your use of the payment processing services provided by Stripe®.
You authorize us to charge your provided payment method for any transactions and for any paid feature(s). We may bill: (a) in advance; (b) at the time of purchase; or (c) shortly after purchase. To the extent Shrent has not received payment, in order to bring your User Account up to date, we may bill you simultaneously for both past due and current amounts. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your User Account.
You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Platform and the rental of any Items.
MONITORING AND COMPLAINTS.
Shrent strives to provide an enjoyable online experience for our Users. We may, in our discretion, monitor activity on or through the Platform to foster compliance with these Terms. You hereby specifically agree and consent to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the Platform, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms.
Notwithstanding the foregoing, Users agree that Shrent has the right to fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of any Users or other information of anyone posting any materials on or through the Platform.
YOU AGREE TO HOLD HARMLESS SHRENT AND ITS AFFILIATES AND LICENSEES FROM, AND WAIVE, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHRENT DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SHRENT OR LAW ENFORCEMENT AUTHORITIES.
INTERACTIONS BETWEEN USERS.
You are solely responsible for your interactions with other Users – including, but not limited to, any Lending Transactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Shrent shall have no liability for your interactions with other Users, or for any User's action or inaction.
You agree to treat other Users in a courteous and respectful manner, both on and off the Platform and to be respectful when communicating with any of our customer care representatives or other employees. Though we strive to encourage a respectful experience, Shrent is not responsible for the conduct of any User on or off of the Platform. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Platform or meet in person. In addition, you agree to review and follow our Safety Tips prior to using the Service, which can be found by clicking here. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise directly send money to other Users.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TINDER IS NOT REQUIRED TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SHRENT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT ITS USERS OR ANY INDIVIDUAL. SHRENT RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE SHRENT TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.
YOU AGREE THAT WHEN YOU LEND OR BORROW AN ITEM ON THE PLATFORM, THE LENDING TRANSACTION IS SOLELY BETWEEN YOU AND THE OWNER AND/OR RENTER, AS APPLICABLE, AND THAT SHRENT IS NOT A PARTY TO THE LENDING TRANSACTION. SHRENT HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, ASSIST AND/OR RESOLVE ANY DISPUTE BETWEEN OWNERS AND RENTERS – INCLUDING WITHOUT LIMITATION AND BY WAY OF EXAMPLE, BY CHARGING THE FULL ESTIMATED VALUE OF BORROWED ITEMS TO THE RENTER’S PAYMENT METHOD IN THE EVENT IT IS DETERMINED THAT THE RENTER HAS STOLEN, LOST, OR DESTROYED THE OWNER’S ITEM(S).
DISPUTES BETWEEN USERS.
We encourage Users to resolve any disputes directly. If, as a Renter, you have received an Item which you feel is not in the condition that was advertised, or your Item never arrived, please contact the Owner directly to try to reach a resolution. If the Item does not arrive in the condition advertised, the Owner will be responsible for providing a refund or replacement according to the Renter’s preference.
REVIEWS AND RATINGS.
Within a certain timeframe after completing a Lending Transaction, Owners and Renters can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of the individual User and do not reflect the opinions of Shrent. Ratings and Reviews are not verified by Shrent for accuracy and may be incorrect or misleading. Ratings and Reviews by must be accurate and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Ratings and Reviews are part of a User's public profile and may also be surfaced elsewhere on the Platform together with other relevant information such as number of Lending Transactions, number of cancellations, average response time and any other information Shrent considers to be relevant.
If you provide us with any comments, bug reports, feedback, or modifications to the Platform (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Platform. You hereby grant us a perpetual, irrevocable, sub-licensable, royalty-free license with all rights necessary to incorporate and use your Feedback into our Platform for any purpose, including commercial.
The Platform and its contents, and the trademarks, service marks and logos contained on the Platform, including, but not limited to, Shrent, are the intellectual property of Shrent or its licensors and constitute trademarks, patents, copyrights and other intellectual property rights of Shrent or its licensors under U.S. and foreign laws and international conventions. The Platform, its contents and any data generated or produced using the Platform may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of Shrent. No right, title or interest in or to the Platform or materials provided therewith is granted or transferred to you except as expressly set forth herein. You do not acquire any ownership rights to the Platform or to any contents contained on the Platform through your use thereof. All rights not expressly granted in these Terms are reserved by Shrent and its respective licensors, assignees, and affiliates.
By submitting or posting User Content on the Platform, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:
i. you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
ii. you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity;
iii. your User Content and Shrent's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;
iv. the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files;
v. Shrent may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
vi. to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You are solely responsible for the User Content and you hereby agree to indemnify and hold Shrent and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Shrent does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Shrent and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Shrent or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that Shrent has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content. Shrent acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Shrent becomes aware of any User Content that allegedly may not conform to these Terms, Shrent may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Upon request by Shrent, you will furnish Shrent any documentation, substantiation or releases necessary to verify your compliance with these Terms. Shrent has no liability or responsibility to Users for performance or nonperformance of such activities.
SHRENT HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST SHRENT FOR SUCH REMOVAL AND/OR DELETION. SHRENT IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SHRENT SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE PLATFORM OR ANY OTHER SITE(S) OR PLATFORM(S).
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)
Shrent respects the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict a User Account or ability of a User to access, visit, and/or use the Platform who infringes the copyright rights of others, and we may choose to remove, delete, erase, or disable access to content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
If you have reason to believe that your content has been copied and/or is accessible on the Platform in a way that constitutes copyright infringement, or that the Platform contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing a document via e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Platform are covered by a single notification, a representative list of such works at the Platform;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
- Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM BEFORE SENDING THE NOTICE.
DiSchino & Schamy, PLLC
4770 Biscayne Blvd., Suite 600
Miami, FL 33137
Only copyright complaints should be sent to our Copyright Agent. No other communications will be accepted or responded to.
You may not access or use our Platform for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Platform in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
- Using any information obtained from the Platform in order to contact, advertise to, solicit, lend, loan, rent, or sell any Items or any other products or services to any User without their and our prior explicit consent;
- Interfering with, disrupting or creating an undue burden on the Platform or the networks or services connected to the Platform;
- Attempting to impersonate another User or person or using the User Account of another User;
- Misrepresenting eligibility for the Platform;
- Using any information obtained from the Platform in order to harass, abuse or harm another person;
- Using the Platform in a manner inconsistent with any and all applicable laws and regulations;
- Using or otherwise accessing the Platform for any reason other than a good faith interest in lending or borrowing Items through the Platform;
- Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
- Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Restricting or inhibiting any other visitor from using the Platform, including without limitation, by means of “hacking” or defacing any portion of the Platform;
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Platform.
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Platform;
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Site or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents, authentications and security measures;
- Harvesting or collecting information about any Users without their express consent;
- Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Platform;
- Modifying, translating, or creating derivative works based on the Platform; or
- Removing any copyright, trademark, or other proprietary rights notices or labels contained on the Platform.
Shrent requires Users not to hire, or make any payments to, any other Users outside of the Platform related to an Item or a Lending Transaction. By using our Platform, you represent, warrant, and covenant that you and your agents, representatives, assignees, successors, and any other similar persons or entities, shall not directly or indirectly interfere with, circumvent, attempt to circumvent, avoid or bypass Shrent in connection with any transactions between yourself and any third party to whom you are introduced through the Platform, including but not limited to other Users, or obviate or interfere with the relationship between Shrent and such third parties for the purpose of renting Items outside of the Platform or otherwise gaining any benefit, whether such benefit is monetary or otherwise. You also agree not to make use of any third party to do so. Violation of this provision may result in Shrent taking legal action against you, including but not limited to the pursuit of monetary compensation, legal fees, penalties, injunctive relief or any other equitable relief under the law.
You acknowledge and agree that any violation of any of the covenants contained herein would cause substantial, irreparable damage to Shrent, the full extent of which would not be capable of calculation with mathematical precision. In view of the circumstances, you agree that Shrent will be entitled to seek any and all damages applicable by law in addition to an injunction (emergency, temporary, or permanent). You acknowledge and agree that this paragraph is beneficial to both you and Shrent, in that without its protection, Shrent would be unable to give you all of the rights and benefits contemplated in these Terms.
Shrent may permanently or temporarily suspend or terminate your use of the Platform or your User Account if you violate these Terms, or at any time, in our sole discretion. We may also impose limits on or restrict your access to parts or all of the Platform, without notice or liability. This Agreement will survive the termination of your User Account.
You may close your User Account at any time by going to your account settings and disabling your User Account or by notifying us, with seventy-two (72) hours advanced notice, via the email address set forth in the Contact Us section of these Terms. This Agreement will survive the termination of your User Account.
THE SITE, PLATFORM AND ANY SOFTWARE, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION THEEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHRENT, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, SHRENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO (I) THE CONTENT POSTED BY OR PROVIDED BY ANY THIRD-PARTY, INCLUDING USERS, ON THE SITE, SERVICES, OR OTHERWISE THROUGH THE PLATFORM, (II) ANY ITEMS, PRODUCTS OR SERVICES PROVIDED TO YOU BY A THIRD-PARTY, INCLUDING AN OWNER OR OTHER USER, IN CONNECTION WITH OUR PLATFORM, AND (III) THE QUALITY OR CONDUCT OF ANY ITEM OR THIRD-PARTY, INCLUDING ANY USER, YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF OUR PLATFORM; NOR DOES SHRENT REPRESENT OR WARRANT (X) THAT THE PLATFORM, AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR-FREE, (Y) THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION THEREWITH, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (Z) REGARDING THE USE OF THE PLATFORM, AND ANY SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION THEREWITH, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE PLAFROM IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
IN NO EVENT SHALL SHRENT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A USER’S USE OF THE PLATFORM, OR RELIANCE ON, OR USE, OR INABILITY TO USE, THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE PLATFORM; NOR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SHRENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL SHRENT’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT OF SHRENT COMMISSIONS YOU HAVE PAID TO SHRENT RELATED TO SUCH CLAIM, IF ANY.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You agree to fully indemnify, defend, and hold Shrent and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Platform; (ii) your breach or violation of these Terms, including any representation, warranty, or covenant referenced herein, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit through the Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the Platform and any other websites to which they are linked; (v) any Lending Transaction or other transaction or interaction with another User in connection with the Platform, including their presence at a location you specify to deliver and return the Item; (vi) your use or possession of any Item; (vii) any negligent act or omission or any willful misconduct by you; and/or (viii) any inaccuracies in the information you provide to us, including User Content.
You agree that your use of the Platform shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law rules. The federal and state courts located in Miami-Dade County, Florida shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement that is not subject to Arbitration, and you hereby submit to the exclusive jurisdiction of such courts.
For purposes of this Agreement, you and Shrent are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement related to this Agreement and/or the Platform, including the Site and/or Services, directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach) and the Platform shall be finally settled by binding arbitration held in Miami-Dade County, Florida, administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to the email address set forth in the Contact Us section of these Terms. The notice must be sent within thirty (30) days of registering to use the Platform, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Platform.
These Terms may be amended by Shrent from time to time. You agree that you will review these Terms each time you access the Platform, including prior to registering for a User Account and whenever engaging in a Lending Transaction. You further agree that your registration, participation and continued use of the Platform will constitute acceptance of these Terms, as they may be amended from time to time. The new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Site or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must disable your User Account as set forth herein and immediately cease to use the Platform. We shall not have any liability to you in such an event.
Employees of Shrent are not authorized to modify this Agreement, either verbally or in writing. If any employee of Shrent offers to modify these Terms, he or she is not acting as an agent for Shrent or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Shrent or anyone else purporting to act on our behalf.
These Terms are between you and Shrent. The foregoing notwithstanding, please note that the Platform enables access to third-party Items, services, products, and content, and it offers interactions with third-parties, such as other Users, over which we ultimately have no control. We assume no responsibility for, nor do we endorse or verify the Items, services, products, or other offerings of third-parties, including Owners, made available through the Platform. A third-party’s participation or availability on the Platform, including Users, does not amount to endorsement or verification by Shrent. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Platform by anyone, including Users.
Nothing contained in this Agreement creates any agency, partnership, joint venture, or employment between you and Shrent. Users shall not have authority of any kind to bind Shrent.
The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Shrent shall not be liable to you for any failure to perform its or another User’s obligations hereunder where the failure results from any cause beyond Shrent’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, war, insurrection, act of god, pandemic, governmental ordinance or regulation, or any other cause whatsoever, which is beyond our control.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer, assign, or delegate these Terms and our related rights and obligations at any time without prior notice or obtaining your consent.
These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Platform or its contents. Modifications to these Terms that are not posted on the Platform are not valid unless made in writing and signed by an authorized representative of Shrent.
You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Platform through posting of notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that Shrent provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
If you have any questions regarding these Terms or the Platform, please contact us at:
9429 Harding Ave, Unit 108
Surfside, FL 33154