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Terms and Conditions

Last Update Date: May 18, 2016

Welcome to Rent A Shark, owned and operated by Rent A Shark, LLC (collectively, “Rent A Shark”). Rent A Shark provides an online venue and services that connect individuals providing information and advice (the “Experts”) with users seeking information and advice (the “Seekers”) (collectively, the “Services”), which Services are accessible at www.RentAShark.com and any other websites through which Rent A Shark makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, 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 registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and Rent A Shark.

 

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, Application or Services. “We”, “us”, or “our” refer to Rent A Shark. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

 

Please read carefully these Terms and our Privacy Policy, which may be found at www.RentAShark.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

 

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SEEKERS MAY SCHEDULE APPOINTMENTS WITH EXPERTS IN ORDER TO OBTAIN INFORMATION AND ADVICE FROM EXPERTS. YOU UNDERSTAND AND AGREE THAT RENT A SHARK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SEEKERS AND EXPERTS. RENT A SHARK HAS NO CONTROL OVER THE CONDUCT OF EXPERTS OR OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

 

Definitions

 

“Appointment” means a scheduled telephone call coordinated via the Services between a Seeker and an Expert.

 

“Rent A Shark Content” means all Content that Rent A Shark makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Expert Content.

 

“Collective Content” means Expert Content and Rent A Shark Content.

 

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

 

“Expert” means an individual who offers information and advice to Seekers via the Services.

“Listing” means the information listed for each Expert on the Site and the calendar for each Expert that allows Seekers to schedule an Appointment.

 

“Expert Content” means all Content that an Expert posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services and includes, without limitation, Listings.

 

“Seeker” means an individual who uses the Site, Application or Services to access information and advice from Experts, or for any other purpose.

 

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.

 

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, 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 AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, 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.

 

Modification

 

Rent A Shark reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application, 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, Application and Services.

 

Eligibility

 

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.

 

How the Site, Application and Services Work

 

The Site is a platform for Seekers to schedule Appointments in order to exchange information with Experts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services, you must first create a MINDBODY Account (as defined below).

 

Rent A Shark’s role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as providing the Listings. Rent A Shark does not provide and is not responsible for Expert Content or any information or advice exchanged between the Seeker and the Expert during Appointments or otherwise. Rent A Shark does not verify the credentials of any of its Experts. You understand and acknowledge that Experts are not employees or agents of Rent A Shark but are independent service providers using the Site, Application and Services to market their expertise to Seekers and the public. You acknowledge that Rent A Shark will not be liable for any loss or damage caused by your reliance on information provided by Experts or information contained in Expert Content.

 

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SEEKER AND EXPERT INTERACTION. RENT A SHARK CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN SEEKERS AND EXPERTS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT RENT A SHARK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL SEEKERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.

 

Third-Party User Account Registration

 

In order to schedule an Appointment, you must create a MINDBODY Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH MINDBODY IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH MINDBODY. Rent A Shark makes no effort to review any MINDBODY content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Rent A Shark is not responsible for any MINDBODY content or services.

If a Seeker desires to shares information (“Seeker Content”) with an Expert prior to an Appointment, the Seeker may do so through the file-sharking services of FormStack.com. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FORMSTACK.COM IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH MINDBODY. Each Expert has entered into an agreement with Rent A Shark that forbids the Expert from disclosing any Seeker Content. Rent A Shark makes no representations or covenants regarding the confidentiality or improper use of Seeker Content by FormStack.com or the Expert to whom it is transmitted. You are encouraged to clearly communicate with an Expert your expectations of confidentiality prior to the transmission of Seeker Content to the Expert. The terms of Rent A Shark’s use of Seeker Content is governed by the Privacy Policy.

 

Listings

 

Experts create Listings to offer services to Seekers. The Expert provides information regarding the expertise they offer as well as pricing and other financial terms applicable to their offering. Listings are made publicly available via the Site, Application and Services. Seekers will are able to schedule an Appointment with Experts via the Site, Application and Services based upon the information provided in a Listing. Experts are solely responsible for their Listings. Please note that Rent A Shark assumes no responsibility for the content of Listings or for any Expert’s compliance with any applicable laws, rules and regulations.

 

You understand and agree that Rent A Shark is not involved in the interactions between Seekers and Experts, and does not refer or endorse or recommend particular Experts to Seekers. You also understand and acknowledge that Rent A Shark does not edit, modify, filter, screen, monitor, endorse or guarantee Expert Content or the content of communications between Seekers and Experts. As stated above, Rent A Shark is not party to any agreements entered into between Seekers and Experts.

 

No Endorsement

 

As stated above, Rent A Shark does not endorse any of its Experts. Any reviews or ratings of Experts posted by any Seeker is not an endorsement of Expert, but solely the opinion of the Seeker posting the review or rating. In addition, although we require Experts to provide accurate information and take reasonable steps to confirm all Listings, we do not represent the accuracy of any Expert’s purported identity or credentials. You are responsible for determining the suitability of a given Expert to provide advice or insight on your specific issues.

 

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Experts or other third parties will be limited to a claim against the particular Experts or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Rent A Shark with respect to such actions or omissions.

 

Appointments and Financial Terms for Seekers

 

You (as a Seeker), not Rent A Shark, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with an Expert by scheduling an Appointment via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not Rent A Shark, will be responsible for performing the obligations of any such agreements, and Rent A Shark is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

 

You agree to pay Rent A Shark the amount in U.S. dollars per hour as provided in the Listing for an Expert due in connection with any Appointment (the “Appointment Fees”). In order to initiate an Appointment, you understand and agree that Rent A Shark reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one U.S. dollar ($1), in order to verify your credit card. At the end of each Appointment, Rent A Shark will process and collect the Appointment Fees payable in accordance with these Terms and the terms of the Listing. Please note that Rent A Shark cannot control any fees that may be charged to a Seeker by his or her bank related to Rent A Shark’s collection of the Appointment Fees, and Rent A Shark disclaims all liability in this regard.

 

In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Rent A Shark or its third party payment processor. You agree to pay Rent A Shark for any consummated Appointments in accordance with these Terms, by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by Rent A Shark or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to Rent A Shark’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.

 

General Financial Terms

 

Cancellations and Refunds

 

You (as a Seeker) may cancel an Appointment without penalty up to 24 hours prior to the Appointment. If you cancel or reschedule an appointment less than 24 hours prior to the Appointment, you will be charged for one hour of time at the highest applicable rate. If, within 48 hours after the end of your first consultation with a certain Expert you are not satisfied, you may send an email to info@rentashark.com to request a full refund of your Appointment Fee. If the request is received by Rent A Shark within 48 hours after the end of your consultation with the Expert, you will receive a full refund of your Appointment Fee.

 

Taxes

 

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Rent A Shark cannot and does not offer Tax-related advice to any Seeker.

 

User Conduct

 

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, Application, Services and Content. In connection with your use of our Site, Application 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, Application, Services or Content;
  • use the Site, Application 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, Application, 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, Application 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, Application 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, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Rent A Shark Seeker;
  • contact an Expert for any purpose other than asking a question related to the Services,
  • recruit or otherwise solicit any Expert to join third party services or websites that are competitive to Rent A Shark, without Rent A Shark’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, Application or Services;
  • use the Site, Application and Services to find an Expert and then complete a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any fees related to Rent A Shark’s provision of the Services;
  • 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, Application 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 Application, or any individual element within the Site, Services, or Application, Rent A Shark’s name, any Rent A Shark trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rent A Shark’s express written consent;
  • access, tamper with, or use non-public areas of the Site or Application, Rent A Shark’s computer systems, or the technical delivery systems of Rent A Shark’s providers;
  • attempt to probe, scan, or test the vulnerability of any Rent A Shark system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Rent A Shark or any of Rent A Shark’s providers or any other third party (including another user) to protect the Site, Services, Application 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, Services, Application 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, Application or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

Rent A Shark will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rent A Shark may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rent A Shark has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Expert Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Rent A Shark reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Rent A Shark, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

 

Privacy

 

See Rent A Shark’s Privacy Policy below for information and notices concerning Rent A Shark’s collection and use of your personal information.

 

Ownership

 

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Rent A Shark and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

 

Application License

 

Subject to your compliance with these Terms, Rent A Shark grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Rent A Shark reserves all rights in the Application not expressly granted to you by these Terms.

 

Rent A Shark Content and Expert Content License

 

Subject to your compliance with the terms and conditions of these Terms, Rent A Shark grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Rent A Shark Content solely for your personal and non-commercial purposes and (ii) access and view any Expert Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rent A Shark or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Expert Content

 

We may, in our sole discretion, permit Experts to post, upload, publish, submit or transmit Expert Content. By making available any Expert Content on or through the Site, Application and Services. You acknowledge and agree that the Expert is solely responsible for all Expert Content that is made available through the Site, Application and Services.

 

Links

 

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Rent A Shark 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 Rent A Shark 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.

 

Proprietary Rights Notices

 

All trademarks, service marks, logos, trade names and any other proprietary designations of Rent A Shark used herein are trademarks or registered trademarks of Rent A Shark. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Copyright Policy

 

Rent A Shark respects copyright law and expects Seekers to do the same. It is Rent A Shark’s policy to terminate in appropriate circumstances to deny use to Seekers who infringe or are believed to be infringing the rights of copyright holders.

 

Termination and Rent A Shark Account Deactivation

 

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, Application and Services, and (b) deactivate or cancel your MINDBODY 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 Rent A Shark terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your MINDBODY Account you will remain liable for all amounts due hereunder.

 

Disclaimers

 

IF YOU CHOOSE TO USE THE SITE, APPLICATION AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RENT A SHARK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY SEEKERS OR EXPERT, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RENT A SHARK 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. RENT A SHARK MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA APPOINTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RENT A SHARK 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, APPLICATION OR THE SERVICES.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RENT A SHARK OR THROUGH THE SITE, APPLICATION, 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, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT RENT A SHARK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. RENT A SHARK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY RENT A SHARK.

 

Limitation 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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, LISTINGS OR APPOINTMENTS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RENT A SHARK WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER RENT A SHARK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, 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, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RENT A SHARK 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.

 

IN NO EVENT WILL RENT A SHARK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR VIEW OF THE LISTINGS OR BOOKING OF ANY APPOINTMENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY EXPERT, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR APPOINTMENTS MADE VIA THE SITE, APPLICATION AND SERVICES AS A SEEKER 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 RENT A SHARK 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.

 

Indemnification

 

You agree to release, indemnify, and hold Rent A Shark and its affiliates and subsidiaries, and their members, owners, 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, Application, Services, or Collective Content or your violation of these Terms; (b) your interaction with any Expert; (c) your reliance on any information exchanged via the Site, Application or Services; (d) your registration with and interaction with MINDBODY; and (e) your use of the FormStack system to transmit Seeker Content to Rent A Shark or an Expert. Rent A Shark shall have the right to control all defense and settlement activities.

 

Export Control and Restricted Countries

 

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Rent A Shark does not permit Listings associated with certain countries due to U.S. embargo restrictions.

 

Feedback and Reporting Misconduct

 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at info@rentshark.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Rent A Shark and you hereby irrevocably assign to Rent A Shark and agree to irrevocably assign to Rent A Shark 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 Rent A Shark’s request and expense, you will execute documents and take such further acts as Rent A Shark may reasonably request to assist Rent A Shark to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Rent A Shark.

 

Assignment

 

You may not assign or transfer these Terms, by operation of law or otherwise, without Rent A Shark’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rent A Shark may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

 

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rent A Shark (i) via email (in each case to the email address that you provide); (ii) by posting to the Site or via the Application; or (iii) any other manner determined in Rent A Shark’s sole discretion. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Controlling Law and Jurisdiction

 

These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Dallas, Texas for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

 

Severability

 

These Terms are intended to govern the agreement between Rent A Shark and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

 

Dispute Resolution

 

You and Rent A Shark agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Rent A Shark are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Rent A Shark otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Arbitration Location and Procedure. Unless you and Rent A Shark otherwise agree, the arbitration will be conducted in Dallas County, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Rent A Shark submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

 

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Rent A Shark will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

 

Changes. Notwithstanding the provisions of the “Modification” section above, if Rent A Shark amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to info@rentashark.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Rent A Shark’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rent A Shark in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

Entire Agreement

 

These Terms constitute the entire and exclusive understanding and agreement between Rent A Shark and you regarding the Site, Application, Services, Collective Content and any Appointments or Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rent A Shark and you regarding the same.

 

General

 

The failure of Rent A Shark to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rent A Shark. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

Contacting Rent A Shark

 

If you have any questions about these Terms, please contact Rent A Shark at:

 

Mail:

Rent A Shark LLC

Customer Care – Privacy Policy Issues

4710 W. Lovers Lane

Dallas, Texas 75209

 

Email:

info@rentashark.com