Acceptance of the Terms of Service
These terms of service are entered into by and between You and Jake on the Lake LLC (the “Company“), a limited liability company formed in the State of Maine.
The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms“), govern your access to and use of JOTLrentals.com (the “Website“), including any content, functionality, and services offered on or through JOTLrentals.com, whether as a guest or a registered user.
The Website connects owners of Equipment (“Owners”) with renters of Equipment (“Renters”) to facilitate peer-to-peer Equipment rental transactions between Owners and Renters. On the Website, Owners create listings to showcase the Equipment they would like to rent out and Renters browse the Website to find Equipment they would like to rent. The term “Equipment” means any outdoor recreation equipment or related equipment that the Company determines to be suitable to be listed on the Website, such determination to be made in the Company’s sole discretion.
You understand and agree that the company is not a party to any agreements entered into between Owners and Renters and has no control over the conduct of these parties. As such, the company disclaims all liability in this regard to the maximum extent permitted by law.
The Company reserves the exclusive right to modify the Website and to modify these Terms at any time without prior notice. All changes are effective immediately when the Company posts them.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The Company cannot and does not control the content, legality, or suitability of any item for the use anticipated contained in any listings. The Company makes no representations or warranties about the Renters, their financial worthiness, or their ability to care for Owner’s Equipment. The Company makes no representations or warranties about the Owners and the condition of the Owner’s Equipment. The Company is not responsible for and disclaims any and all liability related to any and all listings of Equipment. Rental transactions will be made at the sole risk of the Owner and Renter.
If you are an Owner, you represent and warrant that you own any Equipment listed on the Website and such Equipment is in good working order and safe for use by the Renter.
If you are an Owner, you may create listings and set your own rental prices. Listings must contain a valid physical address in order to appear on the Website and function properly with the Website’s search mechanism. Listings will become publicly available for all users to browse and rent. You acknowledge and agree that you are responsible for any and all listings you post.
When a Renter rents your Equipment, you authorize the Company to hold the rental amount in its account. On a set date, after the successful and completed transfer of the Equipment from the Owner to the Renter, the Company will deposit the rental amount, less the merchant fees (Paypal/Stripe), processing fees, rental fees, taxes, and delivery fees (if applicable) into the bank account associated with your account.
You understand and agree that the Company does not act as an insurer for your Equipment. You may wish to obtain appropriate insurance for your Equipment.
Furthermore, you agree that you are solely responsible for determining your applicable tax reporting requirements and any applicable taxes to include in rental listings, as well as submitting those taxes and relevant information to the appropriate government authority. The Company will not provide tax-related advice.
The Company assumes no responsibility for an Owner’s listing and reserves the right to remove any listing for any reason.
If you are a Renter, you must input billing information including name, billing address, and transaction processing information about your credit card, debit card, or other electronic payment method or its third-party payment processor(s) onto the Website. By providing this information, you authorize the Company to charge, using the method of payment you select (e.g., debit card, credit card, or PayPal), an amount equal to all payments, fees, and taxes due under the rental agreement as well as any costs due to damage caused to the Equipment and for security deposits. You authorize the Company to make other charges including, but not limited to:
- Charges for optional services, if any;
- Loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees or legal fees for processing the claim and legal expenses;
- A per day late charge equal to (1) $100 plus (2) the per day rental fee for the Equipment; provided that in no event shall the late fee exceed the highest amount allowable under law;
- All fines, penalties, court costs and other expenses relating to the use or misuse of the Equipment (less fines and/or penalties caused by the Owner, such as not having gear properly registered) assessed against the Company or the Owner during the rental term;
- All expenses the Company or the Owner incurs due to Renter’s failure to return the Equipment or to timely return Equipment including costs in locating and recovering the Equipment;
- All costs incurred to collect unpaid monies due; and
- A $25.00 charge or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
Losses and Damages
Renter shall alert the Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and missing Equipment.
An Owner can claim damage to the Equipment and provide evidence of it, including but not limited to photographs. Owner has 24 hours after Equipment is returned by Renter to claim damages.
In the event that the Renter is found to have damaged the Equipment, the Renter will be responsible to pay the costs of all repairs, including but not limited to labor, material, parts and other items. Any damages shall be settled between the Owner and Renter and is not the responsibility of the Company.
All rental transactions are final. Renter will not be refunded the cost of the rental (including processing fees and all other fees) in the event that the Renter cancels or no longer wants to use the rented equipment.
Owner shall incur automatic cancellation fee of $25 for any confirmed Equipment rentals. You authorize the Company to charge your payment method on file in the event of cancellation. You also jeopardize your ability to continue using the Website as an Owner.
The Renter may have the option to elect to use a delivery service in areas and situations determined by the Company, in its sole discretion. In the event that the delivery service is elected by the Renter and such delivery service is approved by the Owner, the Company will deliver Equipment between Owner and Renter and pick-up Equipment to return from Renter to Owner.
You understand and agree that the Company is not responsible for damages to Equipment during the delivery process. The Owner shall be responsible for any damages to the Equipment during the delivery of the Equipment. The Owner shall incur a $50 late fee for not showing up at the agreed upon location at the agreed upon time for delivery. Renter shall incur $50 late fee for not showing up at the agreed upon location at the agreed upon time for return.
Transfer of Equipment
Renter and Owner will coordinate a date, time, and location for the pickup and return of the Equipment. Renter shall return Equipment in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed upon return location. If Renter or Owner does not show up at the agreed upon location at the agreed upon time for Equipment transfer, then that party (Renter or Owner) shall incur a $50 fee and rental booking will be canceled. If Equipment is not returned on said date, Renter understands and agrees that Jake on the Lake LLC will charge a $100 late fee per day for any instances of late return.
Condition of Equipment
Renter acknowledges that Renter has examined the Equipment and that it is in good condition and safe for use. The Company makes no warranty, express or implied, and expressly excludes and disclaims all warranties and representations of any kind, including any warranties of merchantability and fitness for a particular purpose.
The Company reserves the right to terminate any rental agreements with or without notice to Owner and Renter.
Accessing the Website and Account Security
The Company reserves the right to withdraw or amend this Website, and any service or material the Company provides on the Website, in the Company’s sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company has the right to disable any user name, password or other identifier, whether chosen by you or provided by the Company, at any time in our sole discretion for any or no reason, including if, in the Company’s opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the Company’s end user license agreement for such applications.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THE EQUIPMENT) IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THE EQUIPMENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, EMPLOYEES, EQUIPMENT OWNERS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING THE EQUIPMENT OR THE COMPANY’S SERVICES) OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, equipment owners, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Equipment, or your use of the Website, including, but not limited to, any use of the Website’s content, services and products or your use of any information obtained from the Website.
No failure of the Company to exercise or enforce any of its rights under these Terms shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. The Company’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
In the event that any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of these Terms will remain in full force and effect.
Service Mark and Trademarks
The Company name, the Terms, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Governing Law and Jurisdiction
All matters relating to the Website, its content and any services or items obtained through the Website (including the Equipment), and these Terms and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website, its content and any services or items obtained through the Website (including the Equipment) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maine in each case located in the City of Portland and County of Cumberland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At the Company’s sole discretion, the Company may require any controversy or claim arising out of or relating to the Terms, or the breach thereof, to be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Portland, Maine. Maine law shall apply without regard to choice of law provisions. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Limitation on Time to File Claims
Your Comments and Concerns
The Website is operated by Jake on the Lake LLC.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@JOTLrentals.com.
Date Modified: June 21, 2016