Terms of Service

Updated 08/17/2018

Expeerent Terms of Service

Introduction

Expeerent provides an online peer to peer equipment rental platform that connects equipment owners with adventure seekers looking to book the equipment for a memorable experience. Expeerent can be accessed online at Expeerent.com on both desktop and mobile devices. By accessing or using the services, including communicating with Expeerent or other Expeerent users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service. These Terms govern your access to, and use of the Services and constitute a binding legal agreement between you and Expeerent. All of the provisions of the Terms as well as Expeerent’s privacy policy constitute the agreement between you and Expeerent.

Modification

Expeerent reserves the right, at our discretion, to modify our Terms of Service at any time. If we modify these terms, we will update the “Last Revised” date at the top of these terms. By continuing to access or use our Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must remove your listings and stop using and accessing Services.

General Terms

Eligibility

Our Services are intended solely for persons who are 18 years of age or older. Any use of the services by anyone under 18 is prohibited.

Listings

When listing items on Expeerent LLC website you agree not to:

  • Use our Services if you are not able to form legally binding contracts (e.g. if you are under 18 years old).
  • Post false, inaccurate, misleading, deceptive, defamatory, or libelous content.
  • Post multiple items in a single listing.
  • Post external links to additional items or attempt to direct users away from Expeerent's website.
  • Attempt to take payment for items listed and reserved on Expeerent's website through any other method than through Expeerent's reservation and payment system.
  • Post any personal contact information.

If we believe you are abusing our services 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 any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policy and trying to rent items outside of Expeerent's website, you may be subject to a range of actions, including limits on your hosting and renting privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a renter and you offer or reference your contact information or ask a host for their contact information in the context of hosting or renting outside of Expeerent's website, you may be liable to pay a final rental fee applicable to that item, even if the item is not rented.

Registration

In order to access certain features of the Services, you must sign up for an account with Expeerent by providing the information requested when registering for an account.

Verification

When you sign up to either list or book equipment, you will provide us information about the equipment including the title, the description, available days and times, rates, and when you are attempting to book the equipment. This information will need to be approved before it can be available or booked. You promise to provide complete and accurate information to Expeerent about the equipment that you are listing.

Ongoing information updates

You promise to update the information you have provided to Expeerent if there are changes to your contact information or listing availability. Expeerent may send notices to you at your most recent email and phone number provided by you, and those notices will be considered valid even if you no longer maintain your contact information. You are also fully responsible for all of the activity that occurs through your account, so be sure to keep your account information and password secure. You agree that you will not disclose your password to any third parties and will take responsibility for any actions taken under your account, whether or not you have authorized such actions. You must immediately notify Expeerent if you suspect any unauthorized use of your account. We are not responsible for your failure to comply, or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.

Your commitment

You agree that you will always use your account and the Services in compliance with the Terms, applicable law, and any other policies and standards provided to you by Expeerent. As an Expeerent host, you commit that you will provide safe equipment, in good condition. You also commit to being on time to deliver the equipment to the renter, at the agreed location and time. As an Expeerent renter, you commit that you will take care of the equipment, free of damages. You also commit that you will return the equipment on time, in the same condition that you received it.

Violations

Expeerent has the right, but not obligation, to investigate, pursue, and seek to prosecute or refer to law enforcement, violations of this Agreement to the fullest extent permissible by law. Expeerent may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Expeerent or to comply with permissible legal process; to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes.

Expeerent has the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Expeerent considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing Expeerent, our users, or employees in any way, or violating this Agreement, we may suspend or terminate your account and access to our Services. We also reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement

When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies.

Fees

Expeerent charges a reservation fee, which is a flat rate of $5.99 for each transaction, to be paid by the renter on top of the price set by the host.

If the host selects the payout method of PayPal, there will be a 3.5% rental credit card processing fee deducted from the hosts' payouts. If the host selects the payout method of Check, there will be a $1.00 check fee deducted from each payout, in addition to the 3.5% rental credit card processing fee.

Collection of Fees

When you provide Expeerent with a payment method, you authorize Expeerent or third party partners acting on Expeerent’s behalf, to store your payment credential for future use in the event you owe Expeerent any money. You authorize Expeerent to use stored payment credentials for balances including but not limited to, equipment costs, payments, fines and fees, and claims costs. Expeerent and its partners will use all legal methods available to collect amounts owed. You may also be subject to late fees while using Services with Expeerent.

Communications with you

We may at times contact you using phone calls, text messages, and emails. These messages will primarily be sent to confirm signup, provide notice about your account, and confirm listings and bookings. You agree that we may contact you using any of the contact methods provided above.

You authorize Expeerent and its partners, with no further notice or warning to monitor and record phone conversations you have with Expeerent for quality control and training purposes. You acknowledge that your communications with Expeerent may be overheard, monitored, and recorded with no further notice or warning.

Specific terms for renters

Fees

You are responsible for paying all fees when they come do. You authorize Expeerent to charge any payment methods or stored payment credentials associate with your account for all amounts due, including but not limited to, security deposits, processing fees, fines/penalties, deductibles, and damages, and you warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations and fines incurred during the booking period.

Your financial responsibility is primary

With regard to damage, losses, or other liabilities, you acknowledge that where permissible under applicable law, you are liable for such occurrences.

Use of equipment

When you book equipment from a host or equipment owner from Expeerent, you must only use the equipment for personal use, unless you have express written permission. You may not use equipment until the beginning of your reservation, and you must return the equipment on time and at the agreed upon location. You must take care of equipment properly. You are required to use the equipment in a safe manner, in compliance with all applicable laws. If at any time, Expeerent has any concern about your use of the equipment, Expeerent may terminate your reservation at any time and require the equipment to be returned. You will be fully financially responsible for any claims, loss, or damage related to your misuse of the equipment. If you have questions or concerns about your planned use, please contact customersupport@expeerent.com.

Condition of equipment

You understand that third parties own the equipment offered through the Services. Each owner is responsible for complying with all legal requirements and maintain their equipment in safe condition. Please complete a visual inspection before you begin your use of the equipment. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for those pre-existing damages. If there is pre-existing damage that you fail to report at the start of your reservation, Expeerent or third party claims adjusters may assume that the damage occurred during the reservation period. If after your initial inspection, you believe that the equipment is not safe to use, please do not use the equipment. In that event, please contact the Expeerent team immediately.

Incident reporting

In the event of any damage or loss of equipment, you must immediately report the incident to Expeerent at customersupport@expeerent.com. You may be fully financially liable for any damages incurred during the reservation. You are also required to cooperate in any investigation due to damages or loss of equipment.

Missing equipment

If equipment that you have booked through Expeerent goes missing and/or is stolen during the reservation period, you must immediately file a police report and fully cooperate with the host, law enforcement, Expeerent, and other authorities in all matters related to the investigation. You may also be fully financially liable for any lost or stolen equipment that takes place during the reservation.

Equipment Damage

If damage is reported from your rental period, you will be notified by the Expeerent team and required to provide any pictures to dispute the claim no later than 48-hours following the notice.

If you, the renter, do not take pictures before and after your rental period, pictures are not timestamped, pictures are not clear in identifying pre-existing damage, or you do not provide pictures within 48-hours of being notified of the claim, you may be held responsible and charged for any damages reported during your rental period.

No Show for Booking

You agree to show up at the time and location agreed upon in the booking. In the event that you do not show up at the time and location agreed upon in the booking, you will still be charged the full amount. It is your responsibility to be present at the time and location agreed upon. The only exception is if the booking has been canceled by 10:00 AM PST two days before the scheduled booking. Both parties are to be given a fifteen minute grace period to show up at time and location agreed upon. Should the host not be present after the fifteen minute grace period, notify Expeerent immediately using the Contact Us page, and selecting the appropriate subject drop-down.

Specific terms for hosts

Information given for registration

When you sign up for Expeerent, you will have the ability to become a host and list your equipment to be rented. You will determine which equipment you want to rent and complete the listing, which includes a picture of the equipment, a title, and information about the equipment. Each equipment listing must be in safe condition, and any issues with the equipment must be identified in the description.

Equipment availability

As a host, when you are listing the equipment that you would like to rent, you must update the equipment availability for each day of the week. If there is a change in any equipment listing availability, you are responsible for updating that information on that listing. Once a listing is booked, you must deliver the equipment as expected, at the location and time agreed upon in the booking request.

Fees

You will have the ability to set and modify the equipment listing’s pricing as you choose. You will set the price for your equipment for a 4 hour period, 8 hour period, and full day. Expeerent will pay you the amount collected from those who book your equipment, less the applicable fees deducted by Expeerent.

Maintenance

You are required to regularly check your equipment for any defects in its operations and safety. You promise that, at all times, your equipment will be in safe, usable condition. If Expeerent believes that your equipment does not conform to reasonable standards, Expeerent may notify you and reserves the right to remove or decline listing your equipment until its concerns have been resolved.

Incident reporting

If you believe that a renter has caused any damage to your equipment, you are required to report that damage within 24 hours of the end of the reservation, and to provide reasonable cooperation in the investigation of the damage. Based on the investigation, Expeerent or third party claims administrators will reasonably determine whether or not the damage occurred during the reservation period. If Expeerent is not given prompt notice, or if you do not provide reasonable cooperation in the investigation by Expeerent or third party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.

Missing equipment

If your equipment goes missing, is not returned, or is stolen during the reservation period, you must immediately contact Expeerent and follow their instructions, including cooperating with Expeerent, the police, and any other authorities in all related investigation of the theft. If you are instructed by Expeerent to file a police report, you must do so within 24 hours of receiving those instructions

Equipment Damage

As a host, you will be required to report any damage to your equipment within 24-hours of the rental period, using the Contact Us page, and selecting the appropriate subject drop-down. Any photos of damage to equipment must also be timestamped within the 24-hour period. Any photos not timestamped immediately following the rental period, cannot be used as proof of damage. Failure to report damage within 24-hours of the rental period waives any claim for damage.

No Show for Booking

You agree to show up at the time and location agreed upon in the booking. In the event that you do not show up at the time and location agreed upon in the booking, your next payout will be deducted $10.00. Both parties are to be given a fifteen minute grace period to show up at time and location agreed upon. Should the renter not be present after the fifteen minute grace period, notify Expeerent immediately using the Contact Us page, and selecting the appropriate subject drop-down.