Terms & Conditions
BEFORE BECOMING A MEMBER OF HUMM., YOU MUST READ AND ACCEPT THESE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
- Acceptance of Terms of Service.
HUMM LLC (hereafter referred to as “HUMM.“, “we“, “us“, or “our“) provides an online platform that connects owners, who own fashion items to rent them to renters who desire such items (the “Site“). By accessing and/or using the Site, Application or Services, you acknowledge and agree that you have read and will comply with and be legally bound by, the terms and conditions of these Terms as amended from time to time (“Terms“), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site, Application and Services, and constitute a binding legal agreement between you and HUMM.. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
You agree to receive all communications from HUMM. electronically via email and to maintain a current email address on the Site at all times. You agree that you will be deemed to have received any notice that HUMM. sends to the email address you provide. We recommend that Members check their spam folder from time to time to verify that HUMM.’s emails were not misdirected. Upon sending an email to the email address you provide, HUMM. has satisfied its obligation under this paragraph. We are not responsible for any emails you do not receive as a result of any misdirection by your email provider. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. THE SITE IS AN ONLINE PLATFORM THAT FACILITATES THE RENTAL OF ITEMS ON A PEER TO PEER BASIS. HUMM LLC CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY RENTALS. YOU UNDERSTAND AND AGREE THAT HUMM. IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS, HAS NO CONTROL OVER THE CONDUCT OF ITS MEMBERS AND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND RENTAL EXCHANGES. FURTHERMORE, HUMM. IS NOT A CLOTHING BROKER, AGENT OR INSURER. AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ANYONE WHO ACCESSES THE SITE, OR ANY MEMBER WHO ENTERS INTO ANY TRANSACTION CONDUCTED ON THE SITE DOES SO AT THEIR OWN RISK.
“Application” means any mobile application that may be developed by HUMM. to support or accompany the Site and Services.
“Collective Content” means Member Content (defined below) and HUMM. Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Listing” means a listing by an Owner of an item to rent.
“Member” means a person who completes HUMM.’s account registration process.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.
“Owner” means a Member who has listed items for rent on HUMM..
“Renter” means a Member who requests a rental via HUMM..
“Services” means the services made available by HUMM. through the Site and Application.
“HUMM. Content” means all Content that HUMM. makes available through the Site.
“Owner Guarantee” means that if an item that you rent is damaged, HUMM. will cover the cost for its repair and if the item is destroyed, or lost, then HUMM. will either reimburse you for the reasonable cost of that item via the transfer of funds from the renter.
- Modification to Terms of Service.
HUMM LLC reserves the right, at its discretion, to modify the Site, Application or Services and to amend, modify, add to or remove any portion of these Terms at any time and without prior notice, including, without limitation, the Service Fees (defined below). If we amend these Terms, any such amendment will be effective immediately upon HUMM. either posting the modification on the Site or via the Application or providing you with notice of the modification via email. If you continue to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with email notice of a modification, you shall be deemed to have accepted and you shall be bound by the modified Terms. If you do not accept the modified Terms, you shall cease using the Site, Application and Services.
The Site is intended for individuals older than 18 years of age. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
- Account Registration
In order to access certain features of the Site and Application, and to book an item for rent or create a Listing, you must become a Member by registering and creating an account. You can only register or join by logging into your account (a “Third Party Account”) with certain third party social networking sites including, without limitation, Facebook (a “SNS”). As part of the functionality of the Site, Application and Services, you may link your HUMM. account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HUMM. through the Site, Services or Application; or (ii) allowing HUMM. to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to HUMM. and/or grant HUMM. access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating HUMM. to pay any fees or making HUMM. subject to any usage limitations imposed by such third party service providers. By granting HUMM. access to any Third Party Accounts, you understand that HUMM. will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your HUMM. account and HUMM. account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your HUMM. account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or HUMM.’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH A SNS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS. HUMM. does not review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and HUMM. is not responsible for any SNS Content. A HUMM. account and HUMM. account profile page for your use of the Site and Application will be created upon registration based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may not have more than one (1) active HUMM. Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HUMM. reserves the right to suspend or terminate your HUMM. account and your access to the Site, Application and Services for any reason, including, without limitation, if you create more than one (1) HUMM. account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your HUMM. account, whether or not you have authorized such activities or actions. You will immediately notify HUMM. of any unauthorized use of your HUMM. account.
Members may submit Listings for items for rent. HUMM. will approve the items that given our expertise will rent. To this end, you may be asked a variety of questions about the listed items, including, but not limited to, the location, size, brand, retail and rental price, availability and description. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to rent your listed items via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that after a Member requests to rent an item, the price for such item may not be altered.
Lender/Owner of item understands that after certain rentals of an item the item will not be in the same exact condition that it was originally listed on the site.
In the case of minor / fixable damages,HUMM. will reimburse the owner for the cost of its mending. If it is irreparable HUMM. will pay the owner the market price via the renter which is determined by the item’s age, resale value and depreciation. HUMM. recommends that Members obtain appropriate insurance for their items. We recommend that you review any insurance policy and consult with an insurance professional regarding the terms of potential coverage.
- Use of the Items for Rent.
Renters agree to treat the items with the highest standard of care, as if it was borrowed from your close friend. Subject to Paragraph 11 below, Renters are responsible for loss, destruction or damage to the items, whether due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads or stuck zippers. If you either: (i) fail to return an item; or (ii) return an item that is damaged beyond normal wear and tear, then you agree that HUMM. will charge you, and you shall pay, for the price for repairing or replacing the item, as determined in our sole and absolute discretion, up to the current retail value for the identical item. If an item rented and is destroyed, the Owner’s sole remedy will be to accept from the equivalent cash retail value for such item, as stated in the listing.”
- No Endorsement
HUMM. does not endorse any Members. Although these Terms require Members to provide accurate information, HUMM. may not verify or attempt to confirm any information provided by Members or any Member’s purported identity. You are solely responsible for determining the identity and suitability of other Members who you contact via the Site, Application and Services. HUMM., is not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from HUMM. with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Rentals or Listings, as applicable, made by you. This limitation shall not apply to any claim by an Owner against HUMM. regarding the remittance of payments received from a member by HUMM. on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
- Bookings, Service Fees and Financial Terms
HUMM. charges a service fee to the Owner (the “Service Fee”), which is based on a percentage of the applicable rental listing price that a Renter pays to an Owner (the “Rental Price”). The Service Fee paid to HUMM. is equal to fifteen percent (15%) of the Rental Price after a delivery and insurance fee is taken out. HUMM. will collect the Service Fees from rental at the time payment is disbursed to such Owner which is upon return of their item. Each Owner hereby permits HUMM. to collect payments made by Members on behalf of the Owner. Each Owner agrees that payment of a Rental Price made by a Member to HUMM. shall be considered the same as a payment made directly to the Owner and the Owner will make the item for rent available to Member in the agreed upon manner as if the Owner has received the Rental Price. Each Owner agrees that HUMM. may in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Member to cancel the booking 24 hours after the rental period starts for reasons when the item does not fit and (ii) refund to the Member that portion of the Rental Price specified in the applicable cancellation policy. HUMM. assumes no liability for any acts or omissions of the Owner. Owners are solely responsible for honoring any confirmed bookings and making available any item for rent reserved through the Site, Application and Services. If you, as a Member, choose to enter into a transaction with an Owner for the rental of an item, you acknowledge and agree that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such item for rent imposed by the Owner. You acknowledge and agree that you, and not HUMM., will be responsible for performing the obligations of any such agreements, that HUMM. is not a party to such agreements, and that, with the exception of its payment obligations hereunder, HUMM. disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that HUMM. is not a party to the agreement between you and the Owner, HUMM. accepts payments from you on behalf of the Owner. Upon a Renter’s payment of the Rental Price to HUMM., Renter’s payment obligation to the Owner for such amounts is fulfilled. HUMM. is responsible for remitting such amounts, less applicable Service Fees, to the Owner. In the event that HUMM. does not remit any such amounts to an Owner, such Owner will have recourse only against HUMM..
Renters are responsible for reading item Listings, including, without limitation, the description of the item and any policies or instructions. If a Renter requests to book an item, and if such request is confirmed by HUMM., the Renter agrees to pay HUMM. the Rental Price for such item. In order to establish a booking, you understand and agree that HUMM., on behalf of the Owner, reserves the right, in its sole discretion, to obtain a pre-authorization via your credit card for the amount of the Rental Price. HUMM. will collect the Rental Price in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that HUMM. cannot control any fees that may be charged to a Member by his or her own bank related to HUMM.’s collection of the Rental Price, and HUMM. disclaims all liability in this respect.
- Cancellations and Refunds
Members may cancel a requested booking within 24 hours of receiving the item. Members can request another item if the item received does not fit. HUMM. will cancel any pre-authorization to your credit card and/or refund any amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If a Member wishes to cancel a confirmed booking made via the Application and Services, prior to the beginning of the rental period, the cancellation is subject to confirmation by HUMM.. Members may not cancel a booking 24 hours after the day the rental period starts.
- Damage to Item for Rent.
As a Member, it is your responsibility to return the item for rent in the condition it was given to you when you took possession, normal wear and tear excepted. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you allow to wear the item while in your possession. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, HUMM. through the $5 insurance fee will cover any minor / fixable damages. If an item rented by the Owner is lost or destroyed, the Owner’s sole remedy will be to accept from the Renter the equivalent cash value for such item, as stated in the listing. This will be the market value which is determined based on age, depreciation and online channels where the items is available for sale. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your HUMM. account. HUMM. also reserves the right to charge the credit card on file in your HUMM. account, or otherwise collect payment from you and pursue any avenues available to HUMM.. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the item for rent to the applicable Owner or to HUMM. (if applicable).
Both Members and Owners agree to cooperate with HUMM. in good faith, and to provide HUMM. information and take actions as may be reasonably requested by HUMM., in connection with any complaints or claims made by Members relating to items for rent (including, without limitation, payment requests made under the HUMM. Owner Guarantee) or with respect to any investigation undertaken by HUMM. or a representative of HUMM. regarding use or abuse of the Site, Application or the Services. If you are a Member, upon HUMM.’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, at no cost to you, which process may be conducted by HUMM. or a third party selected by HUMM..
- User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- Harass any user of our Site, Application, or Services or collect, store, sell, disseminate or provide to any other party any personally identifiable information about users other than for purposes of transacting as a HUMM. Member;
- Offer, as an Owner, any item for rent that you do not yourself own or have permission to rent.
- Register for more than one HUMM. account or register for a HUMM. account on behalf of an individual other than yourself;
- Contact an Owner for any purpose other than asking a question related to a booking, such as Owner’s item for rent;
- Recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to HUMM., without HUMM.’s prior written approval;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Use the Site, Application and Services to find an Owner or Member and then circumvent the Terms or complete a booking of an item for rent transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees;
- As an Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- As an Owner, fail to deliver an item after you have confirmed a requested booking for such item
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; and
- Use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, HUMM.’s name, any HUMM. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HUMM.’s express written consent.
- Member Content License
We permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to HUMM. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. HUMM. does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are responsible for all Content that you make available. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to HUMM. the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or HUMM.’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that HUMM. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HUMM. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of HUMM. used herein are trademarks or registered trademarks of HUMM.. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services. Please submit feedback by emailing us at firstname.lastname@example.org . You acknowledge and agree that all Feedback will be the sole and exclusive property of HUMM. and you hereby irrevocably assign to HUMM. and agree to irrevocably assign to HUMM. all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At HUMM.’s request and expense, you will execute documents and take such further acts as HUMM. may reasonably request to assist HUMM. to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
- Termination and HUMM. Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site, Application and/or Services, and (b) deactivate or cancel your HUMM. account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you, which we are legally obligated to pay you. In the event HUMM. terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your HUMM. account you will remain liable for all amounts due hereunder. You may cancel your HUMM. account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com . Please note that if your HUMM. account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
YOU ACKNOWLEDGE AND AGREE THAT HUMM. DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HUMM. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HUMM. MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEM FOR RENT, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HUMM. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEM FOR RENT, YOUR ACCRUAL OF STYLE CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HUMM. OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR MEMBERS. YOU UNDERSTAND THAT HUMM. DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW, VERIFY OR VISIT ANY ITEM FOR RENT. HUMM. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HUMM.. NOTWITHSTANDING HUMM.’S ACCEPTANCE OF PAYMENTS FROM MEMBERS ON BEHALF OF THE OWNERS, HUMM. EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER, RENTER, OR THIRD PARTY.
- Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ITEM FOR RENT VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HUMM. WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HUMM. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, THE SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ITEM FOR RENT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUMM. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE HUMM. OWNER GUARANTEE, HUMM.’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ITEM FOR RENT VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY ITEM FOR RENT OR INTERACTIONS WITH ANY OTHER MEMBERS, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU, AS A RENTER, HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY HUMM. TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUMM. AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold HUMM. and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content; (b) your violation of these Terms; (c) your Member Content; (d) your interaction with any Member; (e) your creation of a Listing; (f) the booking, use and rental of an item rented to you, as a Renter, or by you, as an Owner, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking, rental or use of an item for rent; (g) your violation of any local ordinance, state or federal law or regulation; and (h) your participation in the Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without HUMM.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HUMM. may assign or transfer these Terms, at its sole discretion, without restriction.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HUMM. (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application.
- Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Texas, California or a United States District Court for any actions for which the parties 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 party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
- Dispute Resolution
You and HUMM. agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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 party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HUMM. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HUMM. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Changes. Notwithstanding the provisions of the “Modification” section above, if HUMM. changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of HUMM.’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and HUMM. in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
The following Paragraphs survive any termination of these Terms, including in connection with a termination or deactivation of an account: Bookings , Service Fees and Financial Terms (Section 9), Member Content License (Section 13), Proprietary Rights Notices (Section 15), Disclaimers (Section 18), Limitation of Liability (Section 19), Indemnification (Section 20), Controlling Law and Jurisdiction (Section 23), Dispute Resolution (Section 24), No Agency (Section 25), General (Section 27), Force Majeure (Section 28).
The failure of HUMM. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HUMM.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. This Agreement constitutes the complete and exclusive agreement between the parties regarding the subject matter hereof and supersede all prior written or oral proposals and understandings related hereto. The parties acknowledge having read the terms and conditions set forth in this Agreement, understand all terms and conditions, and agree to be bound by them.
- Force Majeure
Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network “brownouts” or failures, power failures, cyber attacks, third party attack or other actions and acts of civil and military authorities.
- Contacting HUMM.
If you have any questions about these Terms or any App Store Sourced Application, please contact HUMM. at email@example.com