This Agreement was first made effective on May 1, 2017
Welcome to SixDegreeRentals.com, providing an online rental marketplace where registered users can rent just about anything from other Users (“Service”) connected within one another’s social circle connection determined by the item’s Owner. SixDegreeRentals.com is provided by Six Degree Rentals, Inc. (“Six Degree Rentals”, “6DR.com”, “www.SixDegreeRentals.com" "we," or "us"). These Service Terms & Conditions ("Agreement") describes the terms and conditions that govern your use of and participation in SixDegreeRentals.com services.
This Agreement applies to all visitors, registered users, and others who access the Service ("User," "Users").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT SIXDEGREERENTALS.COM IS NOT A PARTY TO ANY RENTAL TRANSACTIONS OR AGREEMENTS ENTERED INTO BETWEEN (“RENTERS”) AND (“OWNERS”), NOR IS SIXDEGREERENTALS.COM A RENTAL COMPANY, AGENT OR INSURER. SIXDEGREERENTALS.COM HAS NO CONTROL OVER THE CONDUCT OF RENTERS OR OWNERS AND OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THIS AGREEMENT CAREFULLY.
We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the last modified date at the top of this page. If there are material changes to this Agreement, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. Your continued use of the Service after any such change constitutes your acceptance of the new Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Service.
Use of Our Service:
This Service is intended solely for Users that are age eighteen (18) years of age or older, and any “registration”, use or access to the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement unless pre-authorized by a “Parent” or “Legal Guardian” as an account administrator. By registering to use or using the Service, you represent and warrant that you are over the age of eighteen (18) or a parent or legal guardian agreeing to this Agreement on behalf of a User under the age of eighteen (18) but over thirteen (13).
The Service is not available to any Users previously removed or banned from the Service by SixDegreeRentals.com, unless SixDegreeRentals.com has given you written notice of reinstatement.
In order for an Owner to rent their legally owned items ("Owner") to another User as a Renter ("Renter") on SixDegreeRentals.com, one must be registered with an active account. It is the sole discretion of SixDegreeRentals.com, for any reason, to accept or reject a User registration. If your registration gets accepted for an active account, you acknowledge and agree to abide by the Eligibility Requirements. Renter or Owner Accounts are collectively referred to in this Agreement as "Accounts”. Your Account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents item(s) from an Owner via the Service is referred to in this Agreement, as a "Rental."
Your Account is for your personal use only. You may not create an Account on behalf of a business or entity, but can upgrade your Account by becoming a “Franchisee” of Six Degree Rentals, Inc. in a separate agreement. You may not use another User's account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity. When applying for and creating your Account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify SixDegreeRentals.com immediately of any breach of security or unauthorized use of your Account. SixDegreeRentals.com will not be liable for any losses caused by any unauthorized use of your account. You may control your Account profile and how you interact with the Service by changing the options in your Settings page.
By providing SixDegreeRentals.com your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, reverse engineering, including without limitation robots, spiders, offline readers, etc., to access the Service in a manner that sends more request messages to the SixDegreeRentals.com servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that SixDegreeRentals.com grants the operators of public search engines revocable permission to use spiders to copy materials from SixDegreeRentals.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including Users names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Owners will set the degree of social circle connection for a User to be eligible to rent the Owner’s item. Users outside of the degree of social circle connection set by an Owner will not be permitted to rent the item from the Owner. Users are responsible for verifying the degree of social circle connection with other Users.
SixDegreeRentals.com may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in SixDegreeRentals.com's sole determination you violate any provision of this Agreement, for fraud or if you use the Service for any illegal purpose or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. All aspects of the Service are subject to change or elimination at SixDegreeRentals.com's sole discretion.
SixDegreeRentals.com reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that SixDegreeRentals.com will not be liable to you for any interruption of the Service, or any delay in the Service or if the Service fails to perform.
1. Rental Confirmations
When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the "Rental Confirmation"). By clicking "I Agree” (or any other means of acceptance presented by the Service), you agree to the terms of that Rental and the Rental Confirmation which are between the Renter and the Owner. SixDegreeRentals.com is a third party beneficiary of the terms of the Rental and Rental Confirmation as a part of this Agreement. All Users will have an opportunity to submit feedback to the Service following the completion of each Rental.
2. User Generated Content
Some areas of the Service may allow Users to post feedback, comments, product details, questions, and other content or information (any such materials a User submits, posts, displays or otherwise makes available on the Service is referred to as User Generated Content (“UGC"). You retain ownership of your UGC. You are solely responsible for the UGC that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your UGC. You understand that SixDegreeRentals.com does not guarantee any confidentiality with respect to any UGC. You agree not to post UGC that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current (including, without limitation, inaccurate item descriptions or reviews).
You agree that any UGC that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. SixDegreeRentals.com reserves the right, but is not obligated; to reject and/or remove any UGC that SixDegreeRentals.com believes, in its sole discretion, violates these provisions. You understand that publishing your UGC on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. For the purposes of this Agreement, "Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. SixDegreeRentals.com takes no responsibility and assumes no liability for any UGC that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any UGC that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. SixDegreeRentals.com is not responsible for any public display or misuse of your UGC. You understand and acknowledge that you may be exposed to UGC that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that SixDegreeRentals.com shall not be liable for any damages you allege to incur as a result of such UGC.
3. Other Users
SixDegreeRentals.com does not endorse any Users, any UGC or Rentals or the accuracy or reliability of any UGC or Users. You are solely responsible for your interactions with other SixDegreeRentals.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SixDegreeRentals.com shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. You acknowledge that SixDegreeRentals.com does not own the items that may be rented from Owners through the Service. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes in our sole discretion, we do not guarantee the quality, safety, truth or accuracy of Rentals or items rented, UGC, or other services or transactions available via the Service. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a particular User or third party that cause you harm and you agree not to attempt to impose liability on, or seek any legal remedy from SixDegreeRentals.com with respect to such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service.
If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4. License Grant
You retain all your ownership rights in your UGC. By posting any UGC on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to SixDegreeRentals.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such UGC and your name, voice, and/or likeness as contained in your UGC, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, to provide the Service and for use in connection with SixDegreeRentals.com's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your UGC through the Service, and to use, reproduce, distribute, display and perform such UGC as permitted through the functionality of the Service and under this Agreement.
5. End User Licenses
SixDegreeRentals.com Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only (except if you are a Franchisee of SixDegreeRentals.com pursuant to a separate agreement). SixDegreeRentals.com reserves all rights not expressly granted herein in the Service and the SixDegreeRentals.com Content (as defined below). SixDegreeRentals.com may terminate this license at any time for any reason or no reason.
Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the SixDegreeRentals.com Service, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the SixDegreeRentals.com Service to any third party or use the SixDegreeRentals.com Service to provide time sharing or similar services for any third party; (iii) make any copies of the SixDegreeRentals.com Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the SixDegreeRentals.com Service features that prevent or restrict use or copying of any content accessible through the SixDegreeRentals.com Service, or features that enforce limitations on use of the SixDegreeRentals.com Service; or (v) delete the copyright and other proprietary rights notices on the SixDegreeRentals.com Service.
6. Our Proprietary Rights
Except for your UGC, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and UGC (the "SixDegreeRentals.com Content"), and all Intellectual Property Rights related thereto, are the exclusive property of SixDegreeRentals.com and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the SixDegreeRentals.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve our Service ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SixDegreeRentals.com under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SixDegreeRentals.com does not waive any rights to use similar or related ideas previously known to SixDegreerentals.com, or developed by its employees, or obtained from sources other than you.
7. Fees; Billing; Payments
Fee Schedule and Billing Policies. You agree to the fees and charges, terms of Rent, payment and billing policies applicable to your use of the Service as stated in our Fee and Payment Schedule. SixDegreeRentals.com 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 Fee and Payment Schedule.
Payments. If you are an Owner, you may set the Rental fee for your items as permitted by the Service. The Service will charge the Rental fee on your behalf, via inclusive merchant banking capabilities, to allow a Renter’s credit card to be processed and retaining SixDegreeRentals.com’s transaction fee commission as set forth in our Fee and Payment Schedule. SixDegreeRentals.com reserves the right to withhold payment or charge back to your Account any amounts otherwise due to us under this Agreement, or any amounts due as a result of a breach of this Agreement by you, pending SixDegreeRentals.com'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 includes without limitation applicable tax information. Any bank fees related to returned or cancelled credit card charges due to a contact or payment information error or omission is the sole responsibility of the User. 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 SixDegreeRentals.com in writing within thirty (30) days of any such payment; failure to so notify SixDegreeRentals.com shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by SixDegreerentals.com. No other measurements or statistics of any kind shall be accepted by SixDegreeRentals.com or have any effect under this Agreement.
Cancellation. Once you accept a Rental as a Renter, you may cancel up to forty-eight (48) hours prior to the commencement of the Rental period. If you cancel a Rental within forty-eight (48) hours of the commencement of the Rental, the Renter will be required to pay the Owner a portion of the Rental fees equal to one (1) day’s Rental fee as a re-stocking fee.
Collections. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties charges. Accounts hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to SixDegreeRentals.com Inc. Such communication may be made by SixDegreeRentals.com Inc. or by anyone on its behalf, including but not limited to a third party collection agent.
10. Digital Millennium Copyright Act (DMCA) Notice
Since we respect artist and content owner rights, it is SixDegreerentals.com's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify SixDegreerentals.com's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
Attn: DMCA Notice
3435 Thousand Oaks Blvd., #7324
Thousand Oaks, CA 91359, USA
Telephone: 833-6DR-RENT (833-637-7368)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying SixDegreeRentals.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SixDegreerentals.com's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, SixDegreeRentals.com has adopted a policy of terminating, in appropriate circumstances and at SixDegreerentals.com's sole discretion, Accounts who are deemed to be repeat infringers. SixDegreeRentals.com may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Additional Representations & Warranties
In addition to the other representations and warranties in this Agreement, you affirm, represent and warrant that:
You have not previously been removed from the Service unless you have a currently valid notice of reinstatement from SixDegreerentals.com.
If you are an Owner, to the best of your knowledge and belief, any items you offer for Rentals hereunder is in sound and safe condition and free of any known faults or defects that would affect its safe operation under normal use and conforms to the Eligibility Requirements as stated in the Owner and Renter Requirements.
If you are an Owner, you carry at least the minimum liability insurance required by law.
Your UGC and SixDegreerentals.com's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
To the best of your knowledge, all of your UGC and other information that you provide to us is truthful and accurate.
12. Third-Party Links
You agree to defend, indemnify and hold harmless SixDegreeRentals.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you, any disputes between you and another User or arising out of, or related to, the use of an item under a Rental; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your UGC or any that is submitted via your account; or (vi) any other parties access and use of the Service with your unique username, password or other appropriate security code.
SixDegreeRentals.com maintains its own insurance but does not provide insurance coverage to Renters or Owners. SixDegreerentals.com may provide a link to a third party insurance agency, and they may offer you certain policies and liability insurance. SixDegreeRentals.com does not provide insurance and is not an insurance carrier or agent.
Any insurance that you obtain is solely between you and the applicable insurance agent or company.
15. No Warranty
IF YOU CHOOSE TO USE THE SERVICE AND/OR PARTICIPATE IN A RENTAL, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT SIXDEGREERENTALS.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ANY USER OR ANY VERIFICATION TO CONFIRM NETWORKS OR SOCIAL CIRCLES, INCLUDING BUT NOT LIMITED TO RENTERS AND OWNERS. SIXDEGREERENTALS.COM DOES NOT VERIFY ANY ITEMS OFFERED FOR RENT. THE SERVICE, UCG AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIXDEGREERENTALS.COM OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SIXDEGREERENTALS.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE UCG OR CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR ANY ITEM OR RENTAL WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE INCLUDING BUT NOT LIMITED TO RENTERS OR OWNERS. YOU UNDERSTAND THAT SIXDEGREERENTALS.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE AND SIXDEGREERENTALS.COM IS NOT RESPONSIBLE FOR THE ACTION OF USERS OF THE SERVICE. SIXDEGREERENTALS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, ITEM OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SIXDEGREERENTALS.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SIXDEGREERENTALS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, ITEMS OR SERVICES.
You assume all risks of using the Service and meeting any individual (Owner or Renter or User) in person. You must take all precautions when interacting with others through the Service and in person. You assume all risks of using any rented items.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE CHATTEL RENTALS. SIXDEGREERENTALS.COM CANNOT AND DOES NOT CONTROL THE UGC CONTAINED IN ANY RENTAL TRANSACTION, THE CONDITIONS OF ANY PRODUCT OR ITEM RENTED THROUGH THE SERVICE, THE BEHAVIOR OF ANY USER OR THE ACTIONS OF ANY USER. SIXDEGREERENTALS.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTAL TRANSACTIONS AND UGC. ACCORDINGLY, ANY RENTALS MADE BY A USER, RENTER AND/OR OWNER'S WILL BE MADE AT THE USER, RENTER AND/OR OWNER'S OWN RISK.
16. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14 (INSURANCE), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIXDEGREERENTALS.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RENTAL. UNDER NO CIRCUMSTANCES WILL SIXDEGREERENTALS.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SixDegreeRentals.com 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 OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) UGC OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SIXDEGREERENTALS.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING to the GREATER OF EITHER (a) THE AMOUNTS PAID BY SIXDEGREERENTALS.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIXDEGREERENTALS.COM AND YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SIXDEGREERENTALS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SixDegreeRentals.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Termination. You may terminate your participation in the Service or your Account at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service or your Account at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over SixDegreerentals.com, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Ventura County, California or the United States District Court for the Southern District of California, for any actions for which we 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 our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Definitions. As used in this Arbitration Provision, the terms “SIX DEGREE RENTALS,” “we,” “us,” and “our” refer to SIX DEGREE RENTALS, Inc., including its subsidiaries and agents; the terms “you” and “your” refer to you as an individual as well as other individuals you allow to access or use the Services, and any legal entity you control, work for, or represent when you access or use the Services. The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
Informal Efforts to Resolve Dispute. If a dispute arises between you and SIX DEGREE RENTALS, you should first attempt to resolve it by contacting us at firstname.lastname@example.org or by sending the details of your complaint, including your contact information for a response, to the address or email listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this Agreement as a court would. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY SIX DEGREE RENTALS IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR EMAILING AN OPT-OUT REQUEST TO US. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH SIX DEGREE RENTALS, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE PROVISION OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.
Arbitration Rules. The arbitration will be conducted by the JAMS (“JAMS”) under its rules if you are a resident of the United States; if your use of the Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the JAMS in Orange or Santa Monica, California, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in the Central District of California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com , or by calling 1- 800 – 352- 5267 from inside the United States or +44 207 583 9808 from outside the United States.
Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com.
Time Restriction. YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.
The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable JAMS rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the law of the State of California (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). The confidentiality provisions of this Agreement will be enforceable under the provisions of the California Uniform Trade Secrets Act, California Civil Code Section 3426, as amended. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the JAMS rules or the Federal Arbitration Act.
Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and SIX DEGREE RENTALS waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.
Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
SIX DEGREE RENTALS, Inc.
3435 Thousand Oaks Blvd., #7324
Thousand Oaks, CA 91359
Notification Procedures. SixDegreeRentals.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by SixDegreeRentals.com in our sole discretion. SixDegreeRentals.com reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SixDegreeRentals.com is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@SixDegreerentals.com to your email address book to help ensure you receive email notifications from us.
Entire Agreement/Severability. This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by SixDegreeRentals.com via the Service, shall constitute the entire agreement between you and SixDegreeRentals.com concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SixDegreerentals.com's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Please contact us at 1-310-980-9559 with any questions regarding this Agreement.