THESE TERMS AND CONDITIONS OF USE (THIS “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“CUSTOMER” OR "USER" OR "RENTOR" OR "YOU") AND SHAREHAMMER, L.L.C. ("SHAREHAMMER", "WE", "US"), A NORTH CAROLINA LIMITED LIABILITY COMPANY, AND GOVERN CUSTOMER’S USE AND ACCESS OF THE WWW.SHAREHAMMER.COM ("WEBSITE" OR "SITE" OR "SERVICE"). IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER MUST IMMEDIATELY TERMINATE USE OF THIS WEBSITE.
Changes to Terms
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Sharehammer makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Sharehammer provides a platform for coordinating rentals and exchanges of products between its registered users (each a "User"). As such, Users of the Website must be of legal age in their applicable state or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them; and in no case shall any User be less than fourteen (14) years old. Accordingly, Registration is void where prohibited. Your registration for, and/or use of, The Website constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
All Users are required to utilize their real names and contact information. You will not provide inaccurate, misleading or false information to Sharehammer or to any other User. You will promptly notify Sharehammer if information provided to Sharehammer or another User later becomes, or is discovered to be inaccurate, misleading or false.
Each User is solely and exclusively responsible for interactions with other Users, whether in person or online. You acknowledge that Sharehammer does not screen Users, nor does Sharehammer perform any investigation into Users' background or any of their representations or statements made to you or others. Sharehammer does not warrant or guarantee the background or conduct of any User. While Sharehammer may build and provide mechanisms by which it validates User identities, in no event shall Sharehammer be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Website, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Sharehammer is strictly prohibited.
By using this site you agree not to:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing an accommodation without the rights to do so;
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
- offer, as an owner, any item that you do not yourself own;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Service or the Site;
- use the site to find a tool and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
- submit any listing with a false or misleading description; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Fee Structure. Joining Sharehammer is free but in exchange for providing the Service, Sharehammer adds a service charge to Owner’s price of each good. As a Renter, you agree to pay the amount posted and agreed to by the Owner of the item you want to rent plus the service charge to Sharehammer for facilitating the Service. As an Owner, posting an item is free. Some optional services or functionality may incur additional fees.
Payment Logistics. If you find an item that you wish to rent you will submit a request for the item. At the time of the request the cost of the transaction, Owner's fee plus Sharehammer service charge, will be calculated. The Owner will then accept or reject the request. If accepted, the Renter will then reserve the item, submit payment information, and will be charged immediately. The funds will be held by Sharehammer, or designated partner for the duration of the reservation. The transaction will then proceed on proposed schedule. Funds will be made available to the Owner, less Sharehammer's service charge, forty-eight (48) hours after the scheduled pick-up date and time for the item, unless a problem has been reported with the transaction and an investigation is currently ongoing. Cancellations will be handled according to the cancellation policy.
Payment processing services for Users on Sharehammer are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on Sharehammer, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Sharehammer enabling payment processing services through Stripe, you agree to provide Sharehammer accurate and complete information about you and your business, and you authorize Sharehammer to share it and transaction information related to your use of the payment processing services provided by Stripe.
Cancellation and Refunds. There will be no refunds provided for Renters if they cancel their rental request after reserving the item and providing payment. Renters are only entitled to a refund of total transaction cost if the Owner fails to deliver the items at the agreed upon time and place, or the item does not function properly or is materially different than advertised, provided the Renter submits a request for refund within twenty-four (24) hours of the scheduled pick-up data and time for the transaction. If a refund is issued to the Renter due to Owner's failure, as described above, Owner will be responsible for payment of Sharehammer service charge plus an optional penalty not to exceed the original total transaction price, these will be withdrawn from Owner's existing balance held by Sharehammer or charged against a linked payment method. If we are unable to charge the account on file, Owner will be required to remit payment.
Taxes. Sharehammer does not do business as an Owner or operator of the items rented through its system. Sharehammer merely makes available a marketplace for Owners and Renters to meet and arrange transactions. Sharehammer is not a contracting agent or representative of the Owner or Renter. Instead, Sharehammers’ role is solely to facilitate the availability of this marketplace for the Owner and Renter and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Owner and Renter, and not Sharehammer. You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any Owners or Renters with whom you choose to enter into a transaction. IRS regulation, regarding federal tax reporting requirements, stipulates that Sharehammer must collect IRS Form W-9 from any item Owners in the United States that earn more than $600. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Owners or Renters.
Damages. As a Renter, you are responsible for returning the item in the condition that it was delivered to you. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing or repairing the damaged item to the claimed state of the item upon delivery, up to the Recovery Value of the item. After being notified of the claim and given 48 hours to respond, the payment will be taken from the existing balances held by Sharehammer or charged to payment method(s) associated with the account. If we are unable to charge the card on file, Renter will be required to remit payment.
Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. The Sharehammer name, and logo are trademarks of Sharehammer, L.L.C. All other trademarks or registered trademarks used within these pages are the property of their respective holders. Sharehammer's use of company names, product names and logos or images on this Website does not necessarily constitute an endorsement of the named company or products by Sharehammer. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Sharehammer' copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Sharehammer.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Sharehammer. You may not use a part of this Website on any other Website, without Sharehammer's prior written consent.
Sharehammer respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: terminate your access to our Services, deactivate or delete your account and all related information and files in such accounts and bar your access to any of such files or Services. Upon termination we will promptly pay you any balance held in by Sharehammer and due to you, less our Service Fee
Governing Law, Location and Miscellaneous
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Sharehammer SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Sharehammer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Sharehammer. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Sharehammer, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, or (e) any injury resulting from use of rented items. Sharehammer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sharehammer in asserting any available defenses.