Thank you for signing up with TapGoods!
These Terms of Service govern your use of the services offered by TapGoods LLC, a Delaware limited liability company (the “Company” or “TapGoods”), at the Company’s websites (the “Site”), and any mobile applications (“Applications”). The services provided by TapGoods, the Site and Applications, together with your listing and/or rental of any property or goods thereon are referred to in these Terms of Service as the “Service.”
If you have any questions for us concerning the Agreement, please contact us at support@TapGoods.com.1. GENERAL TERMS
The Service is a platform for enabling connections between Members for the rental of goods. TapGoods does not take part in the interaction between Members. TapGoods does not have control over the quality, reliability, integrity, accuracy, timing, legality, failure to provide, truthfulness, omissions or any other aspect whatsoever of any ratings provided by Users or Members whether in public, private, or offline interactions. TapGoods cannot confirm that each Member is who they claim to be. TapGoods does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service. The Company does not perform any background checks of Users or Members. Accordingly, when interacting with other Users or Members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. We are not responsible for any accidents that may arise from your activity or use of any Goods, and you hereby agree to indemnify us from any claims, charges or costs arising from your use of Goods or any related activities. We do not expressly or otherwise guarantee or warrant the Goods for any specific performance or purpose.
NEITHER TAPGOODS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE TAPGOODS AND ITS AFFILIATES FROM ANY LIABILITY RELATED TO THE USE OF THE SERVICE OR THE SITE. TAPGOODS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR GOODS RENTED ON THE SERVICE.
TAPGOODS PROVIDES A MARKETPLACE THAT ENABLES RENTAL SERVICES BETWEEN OWNERS AND RENTERS. TAPGOODS IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICE, THE GOODS MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TAPGOODS HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY OR THROUGH TAPGOODS, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TAPGOODS MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY GOODS RENTED THROUGH THE SERVICE, IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAPGOODS WILL CREATE ANY EXPRESS WARRANTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.1.3 Your Commitments
You agree that you will always use the Service in compliance with the terms of this Agreement and any other policies and standards provided to you by TapGoods. You promise TapGoods that you have the legal right to enter into this Agreement and to use the Service. You promise that your activities with TapGoods will not violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.1.4 Registration and Verification
When you sign-up TapGoods, you will provide certain information about yourself. You promise to provide complete and accurate information to TapGoods. TapGoods may 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 TapGoods to request, receive, use and store such information for a reasonable period of time. TapGoods may accept or reject your registration application in its discretion for any reason.1.5 Ongoing Information Updates
TapGoods facilitates the rental of Goods by supplying a medium for communication and the exchange of money. Payment will be processed within 24 hours of the start of a rental period. The payment must be paid through the Service. Members agree that they will not circumvent the Service and will utilize the Service with respect to Goods posted on the Service. Any payments or transactions paid in cash or otherwise conducted outside of the Service are NOT subject to refunds and will be deemed a breach of this Agreement. If we believe you are abusing or circumventing TapGoods in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.1.7 Billing and Payment
You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Rental Contract. TapGoods may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Rental Contract.
If you are an Owner, you may set the rental fee for your Goods as permitted by the Service; provided, that you must list your Goods for a nominal value (i.e., you cannot list your Goods for free). When establishing your Account, you will be required to select a payment method. The Company will remit payments due to you hereunder by ACH deposit, no later than thirty (30) days after the end of any calendar month in which the amount of fees due to you are received. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your Account, which may include required tax information for certain Owner's whose annual payments will exceed $600, or as otherwise required by applicable law. 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. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify the Company in writing within thirty (30) days of any such payment; failure to so notify the Company shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other measurements or statistics of any kind shall be accepted by the Company or have any effect under these Terms.
In the event that an item is returned damaged or is lost, the Renter authorizes the Company to collect up to the replacement cost of the item to their preferred payment method. Renters will be charged ongoing rental fees and late fees for any Goods not returned to the Owner at the scheduled time.
TapGoods will charge your credit card according to the amount agreed upon between you and TapGoods for the use of the Service, and you hereby authorize us to charge your credit card for such amounts. TapGoods retains the right, in its sole discretion, to place a hold on any payment for a completed rental transaction. TapGoods has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by TapGoods, in each case in TapGoods’ sole discretion. You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on TapGoods’ income).
TapGoods may offer access to a Third-Party Service that provides Members with the ability to process payments through the Service (the “Payment Service”). Braintree, a division of PayPal, Inc. (“Braintree”) is the provider of these Payment Services. In order for Members to use Braintree’s Payment Service, they must enter into the Commercial Entity User Agreement (“CEA”) with Braintree and its sponsoring bank. The CEA is available here https://www.braintreepayments.com/legal/cea-wells By using the Payment Service to process payment related to the rental of Goods, you agree: (a) that you have downloaded or printed the CEA; and (b) that you have reviewed and agree to the CEA. Please note that TapGoods is not a party to the CEA and that the Owner, Braintree and Braintree’s sponsoring bank are the three parties to the CEA. TapGoods has no obligations or liability to you of any kind under the CEA. If you have questions regarding the CEA, please contact Braintree at email@example.com Security Deposits
Owners may choose to include security deposits for posted Goods (“Security Deposits”). Each posting item will describe whether a Security Deposit is required. If a Security Deposit is included for an item then TapGoods will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the item rental exchange. TapGoods is not responsible for administering or accepting any claims by Owners or Renters related to Security Deposits, and disclaims any and all liability in this regard.1.9 User Conduct
You understand and agree that you are solely responsible for compliance with any and all state and federal 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:
TapGoods will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TapGoods may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TapGoods has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member 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. TapGoods reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TapGoods, 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.1.10 Account, Password, Security and Cell Phone Use
In order to access certain features of the Site and Application, and to book a rental or to upload Goods for rental, Users must register to create an account (“Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or TapGoods for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. TapGoods disclaims any liability related to the use of your Account. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must immediately notify TapGoods. You may not have more than one (1) active TapGoods Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TapGoods reserves the right to suspend or terminate your Account and your access to the Site, Application and Services if you create more than one (1) TapGoods Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. TapGoods will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You consent to receive autodialed or prerecorded calls and text messages from TapGoods at any telephone number that you have provided us or that we have otherwise obtained. TapGoods may place such calls and texts to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vii) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Standard telephone minute and text charges may apply. TapGoods may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this Agreement, our policies, applicable law, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. TapGoods may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with TapGoods or its agents for quality control and training purposes or for its own protection.1.11 Links to Other Websites
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through TapGoods without express written permission from TapGoods. You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of TapGoods.1.13 Your Information
“Your Information” is defined as any information and materials you provide to TapGoods or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to TapGoods that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for TapGoods or cause TapGoods to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You hereby grant TapGoods a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.1.14 Employment and Withholding
The Service is not an employment service and does not serve as an employer of any User or Member. As such, TapGoods will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Service.1.15 Termination and Suspension
TapGoods may terminate or suspend your right to use the Service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Without limitation, TapGoods may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of TapGoods posted through the Service from time to time, or if TapGoods otherwise finds that you have engaged in inappropriate and/or offensive behavior. If TapGoods terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, TapGoods reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.1.16 Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Service is owned by TapGoods, excluding User Generated Content that TapGoods has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TapGoods owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without TapGoods’ express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TapGoods and, if applicable, the holder of the rights to the User Generated Content. The service marks and trademarks of TapGoods, including without limitation TapGoods and the TapGoods logos are service marks owned by TapGoods. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.1.17 Copyright Complaints and Copyright Agent
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, TapGoods has adopted a policy of terminating, in appropriate circumstances and at TapGoods’ sole discretion, members who are deemed to be repeat infringers. TapGoods may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints: Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide TapGoods’ designated agent (as set forth below) with the following information:
(i) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located. Include enough information to allow TapGoods to locate the material;
(iii) Your address, telephone number, and email address;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(v) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should Be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent: copyright@TapGoods.com1.18 Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TAPGOODS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. TAPGOODS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TAPGOODS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER TAPGOODS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE. NEITHER TAPGOODS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER. NEITHER TAPGOODS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. TAPGOODS AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.1.19 No Liability
This Agreement describes all of TapGoods’ obligations in the event of any loss or damage resulting from your participation in the Service. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
YOU ACKNOWLEDGE AND AGREE THAT TAPGOODS IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD TAPGOODS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR MEMBER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR MEMBER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TAPGOODS OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL TAPGOODS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TAPGOODS DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF GOODS RENTED THROUGH THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TAPGOODS OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO TAPGOODS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.1.20 Indemnification
You hereby agree to indemnify, defend, and hold harmless TapGoods, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. TapGoods reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of TapGoods.1.21 Dispute Resolution
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and TapGoods agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to TapGoods. TapGoods’ address for such notices is TapGoods LLC, 12404 Park Central, Suite 450, Dallas TX 75251; Attention: Legal.
BINDING ARBITRATION. If you and TapGoods are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and TapGoods may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Texas with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and TapGoods agree that any arbitration will be limited to the Dispute between TapGoods and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TAPGOODS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and TapGoods otherwise agree, 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 null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Texas. You and TapGoods agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the TapGoods state and Federal courts located in Dallas, Texas have exclusive jurisdiction and you and TapGoods agree to submit to the personal jurisdiction of such courts.
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. It will be your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.1.22 Governing Law
You and TapGoods agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding”, if any portion of section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor TapGoods will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Dallas, Texas, and you and GearCommons agree to submit to the personal jurisdiction of that court. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Texas, without regard to choice of law principles.1.23 No Agency
TapGoods does not intend to appoint you or any other User or Member as its employee, legal agent, partner, contractor, agency member, franchisee or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of TapGoods and TapGoods will not make commitments on your behalf, except as contemplated by the Service or expressly stated in the Agreement.1.24 General Provisions
Failure by TapGoods to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and TapGoods with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of TapGoods, its successors and assigns.1.25 Changes to this Agreement and Service
You may discontinue your use of the Service at any time and TapGoods may terminate your access to the Service for any reason or no reason. 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 TapGoods terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Account you will remain liable for all amounts due hereunder. Termination of access to the Service will not release either party from any obligations incurred prior to the termination. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or feedback.2. SPECIAL TERMS FOR RENTERS
You are responsible for paying all fees when they come due in connection with your use of the Service. You give permission to TapGoods to charge your payment card for all amounts due, including but not limited to, usage fees, fines/penalties, deductibles and deposits. You will be responsible for payment of usage fees from the start of your rental period until the time you return the Goods. With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you will be the primary source of funds for your liabilities hereunder. Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Service. You agree that in the event damage is reported, the Owner may immediately charge you up to the amount stipulated with the deposit that was listed when you booked the Goods. Nothing in this Agreement is intended to limit your responsibilities or TapGoods’ legal rights in connection with your use of the Service. You acknowledge that TapGoods may require and hold a deposit as part of the reservation of Goods, and that if a deposit is required, you will be affirmatively notified by TapGoods and have the option to make the deposit or cancel your reservation.2.3 Use of the Goods
When you rent Goods through TapGoods, you may use the Goods only for your personal use and not for any commercial purposes. You may not access the Goods until the beginning of your rental period and you must return the Goods on time. You must exercise reasonable care in your use of the Goods. In the event TapGoods has any concern about your use of Goods, TapGoods may terminate your reservation in its discretion at any time and require the return of the Goods, including recovering the Goods on behalf of the owner.
The Site provides a list of “Prohibited Uses” of any Goods rented through the Service. The list is not meant to be exhaustive. If you have any concerns about your planned use, please contact TapGoods customer service at support@TapGoods.com. You will be fully responsible for any claims, loss or damage related to your misuse of Goods.
Prohibited activities include but are not limited to:
You understand that, unless otherwise specifically noted, the Goods offered though the Service are owned by third parties and are not owned or maintained by TapGoods. Each Owner is responsible for maintaining and repairing the Goods they offer through the Service in a safe and usable condition. The Owner is ultimately responsible for the condition of the Goods at the beginning of the rental period. Please complete a visual inspection of any rented Goods before you begin the rental period. If you find damage in your initial inspection, you must notify the Owner immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the Owner can jointly agree and document such agreement, with supporting photographs, videos, or written descriptions of any pre-existing damage for which you, as the Renter, should not be liable. If you find damage on your initial inspection and fail to report it, TapGoods may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the Goods are not safe enough to use, please do not use the Goods; in that event, please contact the TapGoods team immediately and we will ensure that your rental is canceled and you are not charged.2.5 Incident Reporting
You must immediately report any damage to the Goods you are using to the Owner and to TapGoods at support@TapGoods.com. You will need to use all reasonable efforts to provide the Owner and TapGoods with a written description of the incident and any other supporting information such as pictures or video. It will be up to the sole discretion of the Owner as to whether they will apply the deposit for that item. TapGoods assumes no responsibility for the replacement of damaged or misused Goods.2.6 Waiver
TapGoods provides a platform to allow Owners and Renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, TapGoods and the applicable Owner do not intend to take liability with respect to your use of the Service or the applicable Good(s). AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TAPGOODS AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “TAPGOODS PARTIES”) AND THE GOODS OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SERVICE INCLUDING, WITHOUT LIMITATION, GOODS NOT BEING AVAILABLE, ANY MALFUNCTION OF OR DEFICIENCY IN ANY GOODS, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU AND, IN THE CASE OF THE TAPGOODS PARTIES, ANY ACTIONS OR INACTION OF THE GOODS OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.3. SPECIAL TERMS FOR OWNERS
Owner represents and warrants that Owner holds legal title to all Goods posted on TapGoods for rental. Some Goods will be explicitly forbidden from the Service. The following are product guidelines that Owners agree to follow:
Once you accept a rental and it is booked, you are required to make the Goods available as expected by the Renter. You must also include the location of the Goods on your profile page and ensure that the Goods are available at that location at the beginning of the rental period. This location can be of the Owner’s choosing and does not have to be the Owner’s permanent address.3.3 Rental Fees
You will have the ability to set and revise the rental rates as you choose for your Goods on your profile page. TapGoods will add the applicable fees to your rental rate such that the Renter sees your rate plus the applicable fees. TapGoods will pay you the amount collected from those who rent your Goods, less the applicable fees payable to TapGoods, as well as any taxes or similar charges that TapGoods collects. You acknowledge that TapGoods’ fees may change from time to time. The fees that apply to the Renter will be the same as posted on the TapGoods site at the time of the applicable rental. To the extent you owe TapGoods money for any reason, TapGoods also reserves the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. TapGoods will need certain information from you to ensure we can report income paid to you as required by law. TapGoods may withhold payments until we have received that information from you.3.4 Maintenance
You are required to regularly check your Goods for any defects in its operation or safety. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If TapGoods believes that your Goods do not conform to reasonable standards, TapGoods will notify you and reserves the right to refrain from listing your Goods on the Service until its concerns have been resolved.3.5 Physical Damage
Date of Terms: May 2015TapGoods Rental Agreement For All Parties
TapGoods account holders provide us information about themselves, such as their name, age, address, email address, and password during the registration process. TapGoods also retains all communications sent via the service to other members, to TapGoods itself, and any technical support requests sent via the service, email, or twitter. TapGoods does not collect or save any information from children 13 years of age or younger.
TapGoods also collects payment information, including that used by outside services, and by submitting your payment information and/or linking you TapGoods account with any outside payment sources, you authorize TapGoods to access and use this information in order to provide you with and accept pay for the Service as well as to confirm your identity.How do we use the information we collect?
TapGoods utilizes a number of technical means including cookies, IP address information, and logins to identify you, keep you logged in, and record how you utilize TapGoods. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
We log each visit to each web page on the Service. A log entry can contain information typically found in the "header" of your web browser's request such as the browser type you used, your Internet Protocol address, and the date and time of day. We may also log your cookie's identification number and the URL of the last site you visited. This log information is important for security, audit, quality improvement, as well as for monitoring the health of our Service.How do we share the information we collect?
Any personal information or content that is voluntarily disclosed for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. If a user removes information that is posted to TapGoods, copies may remain viewable in cached and archived pages of TapGoods, or if other Users have copied or saved that information.What about security?