Terms and Conditions of Use

 

Your use of RecList's products, software, services and the website www.reclist.com (together with all webpages associated with the domain reclist.com, collectively, the “Website”) (collectively, the “Services”) is subject to these terms and conditions of use (the “Terms and Conditions”).  As used herein, “RecList” means Rent-Play LLC d/b/a RecList, a Minnesota limited liability company, and is sometimes referred to herein as “us,” “we,” or “our.”  “You” or “user” means the user of the Services and if you are using the Services on behalf of an entity, you are hereby warranting that you represent such entity and have the proper authority to bind the entity with regard to any and all transactions between the entity and Reclist. By using the Services, you are agreeing to and are subject to the Terms and Conditions, as well as our Privacy Policy, which by reference is hereby incorporated into and is a part of the Terms and Conditions. If you do not agree to the Terms and Conditions, you are not authorized to use the Services.

 

By using the Services in any manner, you are hereby accepting, and are subject to, the Terms and Conditions. RecList reserves the right, at its discretion, to change, modify, add or remove all or any part of the Terms and Conditions at any time. Please check this Website and the Terms and Conditions periodically for changes. Your use of the Services after any such modifications to the Terms and Conditions are posted on the Website shall mean that you accept the Terms and Conditions as so modified.

 

Role of RecList. RecList is only a venue for commerce and IS NOT a party to any rental or other Agreement between users of the Services.  RecList acts as an exchange for the rental and use of outdoor recreational equipment (“Equipment”) between those seeking to rent Equipment (“Renter(s)”) and the owners of such Equipment (“Member(s)”).  Members post available Equipment through the Website and Renters then view available Equipment for the possible rental of the same. RecList is NOT a party to any actual agreement or transaction between Renters and Members, even though we may from time to time provide tools that relate to a booking.  RecList has no control over the accuracy or correctness of the content or information provided or used by any Member or Renter. Any part of an actual or potential transaction between a Renter and a Member, including the condition, quality, safety or legality of the Equipment advertised, the truth or accuracy of any listing (including the content thereof or any review related thereto), the ability of a Member to rent Equipment to a Renter, or the ability of a Renter to pay for, use or operate any particular Equipment are solely the responsibility of each user of the Services.

 

Your Role.  You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any content on the Website that is generated by any user of the Website and is not generated by RecList. We are not responsible for the condition or maintenance of any Equipment listed on the Website or any related compliance with laws, rules or regulations that may be applicable to any particular piece of Equipment in any jurisdiction. Renters are responsible for satisfying themselves that any Equipment they may rent complies with any legal or safety requirements applicable to such Equipment, and Renters and Members have the exclusive responsibility to confirm all such compliance.

 

Separate Agreement.  Each user acknowledges and agrees that he/she/it will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to booking the rental of any Equipment and such agreement and/or waiver may place additional restrictions on your rental. Any separate agreements and/or waivers relating to the rental of Equipment or any related products or services are between a Member and Renter ONLY.  RecList is not and shall not be deemed to be a party to any such agreement.

 

Insurance. RecList does not will not act as a broker, agent or consultant in the sale of insurance with regard to any rental transaction between a Member and a Renter. Any contract for insurance is solely between you, as the insured, and such insurer.  RecList has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider with regard to the rental of Equipment or for any other purpose. You acknowledge and agree that RecList assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that RecList shall not be included as a party to any such claims or disputes.

 

Conditions of Use.  As a condition of your use of the Services, you expressly represent and warrant that (i) you are responsible for ensuring that you are sufficiency skilled in the operation of the Equipment and, as applicable, licensed in the state and/or local jurisdiction in which you are renting and intend to use the Equipment; (ii) you possess the legal authority to create a binding legal obligation: (iii) you will use this Website in accordance with the Terms and Conditions; (iv) you will only use this Website to post or view, as applicable, available Equipment rentals for you or for another person for whom you are legally authorized to act; (v) you will inform any such other persons about these Terms and Conditions, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to any separate agreement(s) for the rental of the Equipment; (vii) all information supplied by you to RecList is true, accurate, current and complete, and (viii) if you have a RecList account, you will safeguard your account information. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old.  RecList retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms and Conditions.

 

You agree that you will only use the Services for lawful purposes.  

 

RecList will treat anyone who uses your user name and password as “you.”  We will provide any such user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your user name and password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might purport to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any inappropriate or unauthorized manner.

 

Use of Website.  The content and information on the Website (including, but not limited to, price and availability of any Equipment), as well as the infrastructure used to provide such content and information, is proprietary to RecList and its licensors, suppliers and/or providers. While you may make limited copies of information and documents provided through the Website related to your rental or potential rental of Equipment, you agree that you will not and that you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, content, products, or services obtained from or through this Website. Additionally, you agree not to:

 

  • Use this Website or its contents for any unauthorized purpose without our express written permission;
  • Send or store through the Website infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of the rights of any third party;
  • Send or store material on the Website containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein;
  • Attempt to gain unauthorized access to the Services or its related systems or networks;
  • Access, monitor or copy any content or information of this Website using any robot, Spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on RecList's infrastructure;
  • Deep-link to any portion of this Website for any purpose without our express written permission; or
  • “Frame,” “mirror,” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

Identity Verification.  User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of the purported identity of each Renter and Member.  Notwithstanding the foregoing, if you are a Renter, you agree that you will provide to us or the Member with whom you book a rental whatever proof of identity we may reasonably request.  You agree to (i) keep your user name and password for your RecList account secure and strictly confidential; (ii) notify us immediately and select a new user name and password if you believe the password for your RecList account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your user name and password. We discourage you from giving anyone access to your user name and password for your RecList account. However, if you do give someone your user name and password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that such person performs while using your RecList account, even those transactions are fraudulent or that you did not intend or want performed.

 

Exclusion of Warranties.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ AND WITHOUT WARRANTY OF ANY KIND.  RECLIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  RECLIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS DO NOTWARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT BREACHES OF SECURITY.

 

RECLIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOTREPRESENT OR WARRANT TO USERS THAT:

 

  • THE INFORMATION PROVIDED BY RENTERS OR MEMBERS IS TRUE OR CORRECT;
  • EQUIPMENT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION;
  • EQUIPMENT WILL BE COMPLIANT WITH ANY LEGAL OR SAFETY REQUIREMENTS;
  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
  • THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE UTILIZED BY YOU AS A PART OF THE SERVICES WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES.  IN THESE JURISDICTIONS, CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY OR MAY BE LIMITED OR REDUCED.

 

Indemnification and Release. IN THE EVENT OF A DISPUTE BETWEEN ANY TWO OR MORE USERS OF THE SERVICES, SUCH USERS, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS RECLIST AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, TOGETHER WITH THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RECLIST PARTIES”), FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (INCLUDING DIRECT, INDIRECT AND/OR CONSEQUENTIAL DAMAGES), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”),KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THE TERMS AND CONDITIONS, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, EACH USER HEREBY AGREES TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE RECLIST PARTIES FROM ANY CLAIMSBROUGHT BY A THIRD PARTY OR ANY USER AS A RESULT OF ANOTHER USER’S (1) BREACH OF THE TERMS AND CONDITIONS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES.

 

Limitation of Liability.  IN NO EVENT WILL THE RECLIST PARTIES BE LIABLE TO RENTERS, MEMBERS, OR ANY OTHER USER OR PARTY FOR:

 

  • ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICES, EVEN IF RECLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR
  • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSSES OR DAMAGES AS A RESULT OF:
    • ANY CHANGES WHICH RECLIST MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    • YOUR FAILURE TO PROVIDE RECLIST WITH ACCURATE ACCOUNT INFORMATION;
    • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; AND
    • ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF AN ACCIDENT INVOLVING ANY RENTED EQUIPMENT, THE RESERVATION FOR WHICH WAS FACILITATED USING RECLIST'S SERVICES. YOU AGREE THAT RECLIST IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR EQUIPMENT RENTAL BETWEEN A MEMBER AND A RENTER AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO AN EQUIPMENT RENTAL, WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY MEMBER OR RENTER, OR THE SAFETY OF ANY EQUIPMENT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT RECLIST SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF ANY EQUIPMENT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT THE RENTER'S AND MEMBER'S SOLE RISK.

Unsolicited Ideas and Feedback.  From time to time, users may submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names.  We are under no obligation to review or consider them.  If you submit any ideas, original creative artworks, suggestions or other works (each a “Submission”) in any form to us, whether solicited or unsolicited, and regardless of what you say, write or provide to us in connection with any such Submission, (i) we may use or redistribute any such Submission and its contents for any purpose and in any way without any compensation to you (unless otherwise agreed to in advance and in writing by RecList); (ii) there is no obligation for us to review any Submission; and (3) there is no obligation to keep any Submission confidential.

 

Links to Third-Party Websites.  The Services may contain links to other websites operated by parties other than RecList (“Third-Party Websites”).  RecList's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their respective sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use ofany  such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms and Conditions.

 

Other Terms

 

General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.

 

Headings. Headings used herein are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any part of these Terms and Conditions.

 

Assignment.  The Services and these Terms and Conditions, and any modifications made thereto, may not be assigned or in any way transferred by you without the prior written consent of RecList.  We may assign the Terms and Conditions and any information you provide without your consent including, without limitation, in connection with a sale of our business, assets, a merger or any other similar transaction.

 

Governing Law.  The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Minnesota, without giving effect to the principles of conflict or choice of law of such state.

 

Choice of Forum and Venue.  You hereby consent to the exclusive jurisdiction and venue of the United States District Court for the District of Minnesota or the District Courts located in Hennepin County, Minnesota, in all disputes arising out of the Terms and Conditions or relating to use of the Services.

 

Force Majeure.  RecList shall not be liable for any delay or failure to perform in connection with any Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of any rented Equipment under legal process, adverse weather conditions, Equipment damage or loss, lack of essential parts or supplies, mechanical problems, clearances or permits issued by a governmental authority, or any other cause which is beyond the reasonable control of RecList.  RecList is hereby released by any user from any claim or demand for any direct or consequential damages arising out of a failure to perform as a result of a force majeure event, whether or not referenced or enumerated herein.

 

Severability.  If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will beinterpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.

 

Waiver.  No waiver of any term contained herein shall be deemed a waiver of any other term.

 

Entire Agreement.  These Terms and Conditions constitute the entire agreement between you and RecList with respect to the subject matter covered herein, including use of the Services and any subject matter thereof, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

 

Termination.  RecList may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of all or any portion of the Services if you breach these Terms and Conditions or at any time or for any reason or no reason at the sole discretion of RecList.

 

Non-Endorsement. RecList does not recommend one Member over another and does not provide advice to users regarding which Member to select for a rental. All comments or reviews posted by RecList users, Renters, or Members on our Website do not represent the views of RecList in any way and are not endorsed by RecList absent a specific written statement to the contrary.

 

No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and RecList as a result of these Terms and Conditions or use of the Services.

 

Notice of Claim. You agree that all disputes arising out of the Terms and Conditions or the use of RecList's Services shall be communicated to RecList in writing within thirty (30) days from the date of the incident giving rise to the dispute. You hereby waive your right to any claim against RecList not communicated as provided by this section, except as otherwise provided by applicable law.