T&CTERMS OF SERVICE
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Ruseoutdoors LLC, a Florida limited liability company (collectively, “ROL”, “we”, or “us”), provides an online sharing platform that connects outdoor enthusiasts that are looking to either (i) rent outdoor equipment (“Equipment”) or (ii) obtain the services of a person to act as a guide for outdoor adventures (a “Guide”) (either of (i) or (ii) referred to as an “Adventure”). ROL is accessible online at ruseoutdoors.co and as an application for mobile devices (the online version and application each referred to as the “Site”). The ROL website, blog, mobile applications and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other ROL users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and ROL.
For purposes of these Terms, the following terms shall have the following meanings: (i) “you” or “User” means each person using the Services; (ii) “Lister” means the User listing an Adventure; and (iii) “Renter” means the User renting an Adventure.
These Terms, together with the ROL privacy policy Found Here, the Frequently Asked Questions (FAQ) and the payment policy [Found Here] and any rental agreement that a User executes in connection with an Adventure (together, the “Policies”) constitute the “Agreement” between you and ROL (each a “Party” and together, “the Parties”).
Modification. ROL reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your ROL Account within 30 days. If you choose to close your ROL Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
Eligibility, registration, verification
Eligibility The Services are intended solely for guests who age 18 years or older. Any use of the Services by anyone that does not meet this age requirement is expressly prohibited.
Registration To access certain features of the Services, you must sign up for an account with us (a “ROL Account”). You can create a ROL Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (e.g., Facebook or Google). When you book an Adventure, you provide us with certain additional information about yourself. Similarly, when you list an Adventure, you provide us with certain additional information about yourself and your Adventure. You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your ROL Account up to date at all times.
Verification Where permitted, ROL has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of Users. ROL does not endorse any Adventure, User, or a User’s background, or commit to undertake any specific screening process. ROL may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize ROL to request, receive, use, and store such information. ROL may permit or refuse your request to book or list an Adventure in its sole and absolute discretion. We do not make any representations about, confirm, or endorse the safety, worthiness, or legal status of any Adventure. Additionally, with respect to using a Guide, the Renter is solely responsible for vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Guide.
Consumer Report Authorization. When you attempt to book or list an Adventure, or at any time after where ROL reasonably believes there may be an increased level of risk associated with your ROL Account, you hereby provide ROL with written instructions and authorize ROL, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.
Fees, taxes
Fees There is no fee for listing an Adventure on the Site. Once an Adventure is booked, ROL earns a fee equal to a percentage of the amount charged by the Lister for the Adventure (the “Fee”). The amount of the Fee will be shown as a line item on the total amount owed at the time the booking of the Adventure is submitted by the Lister. In addition to the Fee, ROL may charge the Lister’s credit card (or other form of payment) for amounts resulting from the loss or damage to any Equipment, as set forth in the Agreement. The Fee is deducted by ROL from the amount that goes to the Lister. When you provide ROL a payment method, you authorize ROL, or thirdparty service providers acting on behalf of ROL, to store your payment credential for future use in the event you owe ROL any money. In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances.
Collection of fees
ROL and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. ROL, or the collection agencies we retain, may also report information about your ROL Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your ROL Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information ROL reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact ROL at support@ruseoutdoors.co. If you wish to dispute the information a collection agency reported to a credit bureau regarding your ROL Account, you must contact the collection agency directly.
Taxes In certain jurisdictions, ROL may enable the collection and remittance of certain taxes from or on behalf of Users, based on existing and future tax regulations, including marketplace facilitator regulations. The amount of taxes, if any, collected and remitted by ROL will be visible to, and separately stated, to all Users on the Site. Where ROL is facilitating the collection and remittance of taxes, Listers are not permitted to collect the same taxes on the Services in relation to their Adventure in that jurisdiction.
Your commitments
You agree that you will always use your ROL Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by ROL.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your ROL Account. Keep your ROL Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your ROL Account, whether or not you have authorized such activities or actions. You will immediately notify ROL of any actual or suspected unauthorized use of your ROL Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your ROL Account unless you have reported unauthorized access to us.
Content
ROL Content and User Content License. Subject to your compliance with the provisions of these Terms, ROL grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any ROL and/or User content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ROL or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your Adventure, reviews, feedback, and descriptions of you or your Adventure. By making available any content on or through the Services, or through ROL promotional campaigns, you grant ROL a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to ROL photography provided to hosts, ROL does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate ROL Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a User is violating your copyright(s) and want to notify us, you can find information about submitting notices to ROL at support@ruseoutdoors.co.
Prohibited activities In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, or third-party rights
• Post false, inaccurate, misleading, defamatory, or libelous content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to ROL, or that comes from the Services and belongs to another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of ROL
Dilute, tarnish, or otherwise harm the ROL brand in any way, including:
• Through unauthorized use of the Services and/or User content
• Registering and/or using "RuseOutdoors" or derivative terms in domain names, trade names, trademarks, or otherwise
• Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to ROL domains, trademarks, taglines, promotional campaigns, or ROL and/or User content
• Posting firearms, drugs, pornography, prostitution or other illegal or illicit activities or substances
Provide or submit any false or misleading information, including:
• False name, date of birth, driver’s license details, payment method, insurance, or other personal information
• In relation to a claim (for example about damage to any Equipment)
• By registering for a ROL Account on behalf of an individual other than yourself
• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
• Fail to pay fees, penalties, or other amounts owed to ROL or another User
• Fail, as either a Renter or Lister, to timely deliver, make available, or return any Equipment, unless you have a valid reason
• Use the Services to find a Lister or Renter, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by ROL (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your ROL Account and/or user ID to another party without our consent
• Leave any Equipment unattended, except where instructed to do so directly by ROL in certain limited circumstances or by the Lister
Harm or threaten to harm users of our community, including:
• Harass, stalk, or defame any other User or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Lister or Renter in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the 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, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the ROL community
• Sue or assert legal claims against ROL or a User in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
• Contact another User for any purpose other than in relation to an Adventure, or the use of the Services by such User
• Commercialize any content found on the Services or software associated with the Services, including reviews • Harvest or otherwise collect information about Users without their and our consent
• Recruit or otherwise solicit any User to join third-party services or websites that are competitive to ROL, without our prior written approval
Interfere with the operation of the Services, including by:
• Interfering with any other User’s listings • Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
• Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm ROL or the interests or property of others
• Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
• Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
• Using, displaying, mirroring, or framing the Services or any individual element within the Services, the Ruseoutdoors name, any ROL trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of ROL
• Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
• Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by ROL or any of our service providers or any other third party (including another user) to protect the Services
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
• Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
• Endeavoring to circumvent a suspension, termination, or closure of your ROL Account or the account of another ROL user, including, but not limited to, creating a new ROL Account or listing Equipment or an Adventure affiliated with or registered to a User that has been suspended, terminated, or closed
Other legal matters
Violations. ROL has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of these Terms to the fullest extent permissible by the law.
ROL reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that ROL, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing ROL, our Users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your ROL Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the User’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. You agree that ROL may contact you by electronic means (e.g., electronic mail; notifications via ROL messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your ROL Account or ROL Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where ROL is required to obtain your consent for such communications, you may choose to revoke your consent. You authorize ROL and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with ROL or its agents for quality control and training purposes. You acknowledge and understand that your communications with ROL may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing at support@ruseoutdoors.co.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party. No Insurance. ROL is not an insurance company and does not insure Renters or Listers.
Specific terms for Renters
The following sections also apply if you rent an Adventure using the Services:
Renter commitments As a Renter, you commit that you will be at least 18 years of age, and if applicable, a legally licensed driver and provide proof to the Lister or via the Services of a current, valid driver’s license. You will treat the Equipment well and will take all reasonable measures to return the Equipment on time and in essentially the same condition as received. Prior to confirming the booking of an Adventure, the Renter will be required to execute ROL’s Rental Agreement, which is between the Lister and the Renter (and ROL shall be a third party beneficiary of such Rental Agreement).
Renter financial responsibility for physical damage to Equipment The Renter is financially responsible for all physical damage to or theft or loss of any Equipment that occurs during an Adventure, plus any additional costs and fees resulting from damage of any kind to the Equipment, regardless of who is found to be at fault. In the event of physical damage, the Renter shall be liable to the Lister (but payable through the Site) for the cost to repair such damage. In the event of theft or loss of any Equipment, the Renter shall be liable to the Lister (but payable through the Site) for the value of the Equipment as set forth in an industry acceptable publication, as determined by ROL.
The foregoing liability applies whether the Renter has their own insurance or not. Renters may be insured against damage to the Equipment under their own insurance policies. When you book an Adventure on ROL, you agree that if any damage occurs to the Equipment during the booked Adventure, you will work with ROL to make a claim for coverage under any policy of insurance that applies to the loss.
Use of the Equipment
When you book Equipment on the Services, you must use the Equipment only for your personal use and not for any commercial purposes unless you have express written permission from ROL in advance. You may not access Equipment until the Adventure start time and you must return the Equipment on time and to the correct location. You must present the Lister with a current, valid driver’s license. You must exercise reasonable care in your use of the Equipment. You are required at all times to operate the Equipment safely, and in compliance with all applicable laws. In the event ROL has any concern about your use of any Equipment, ROL may terminate your Adventure in its sole discretion at any time and require the return of the Equipment, including recovering the Equipment on behalf of the Lister. You must not engage in any prohibited uses with any Equipment you book through the Services. If you have any concerns about your planned use, please contact ROL. If you misuse any Equipment, you will be fully financially responsible for any related claims, loss, or damage.
Condition of the Equipment You understand that third parties own the Equipment offered through the Services. Each Lister is responsible for complying with all legal requirements and maintaining their Equipment in safe and usable condition. Please complete a visual inspection before you begin your use of the Equipment. If you find damage in your initial inspection, you should upload photos of such preexisting damage at the start of your Adventure as described in the FAQ and complete our form at [Found Here] to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, then ROL may assume that the damage occurred during your Adventure period. If, after your initial inspection, you believe that the Equipment is not safe to use, please do not use the Equipment; instead, please contact the ROL team immediately at support@ruseoutdoors.co.
No responsibility for shared Equipment You acknowledge that ROL is not responsible and shall not be liable for the safety or legal status (e.g., the Equipment is the subject of a stolen equipment report) of any Equipment shared via the Services beyond our policies that require Listers to ensure their Equipment is in safe and operable condition, not subject to a missing or stolen Equipment report, have a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.
Incident reporting You must immediately (within 24 hours) report any damage to the Equipment you are using to ROL at [Found Here]. If there has been any theft or accident involving the Equipment, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide ROL or third-party claims administrators with a written description of the incident and any other information requested, including identity of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by ROL, third party claims administrators, or insurers. After an incident, you may not continue to use the Equipment unless you have the explicit permission of ROL. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any assistance that ROL may provide (which assistance will be provided at ROL’s sole discretion and is not mandatory).
Equipment theft The following conduct may result in the reporting of the Equipment you have booked as stolen to law enforcement, possibly subjecting you to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
• If you fail to return the Equipment you booked at the time and place agreed upon with the Lister and/or designated in your reservation
• If you do not return the Equipment by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services
• If the Equipment is returned to any place other than the return location on the reservation or agreed upon with the Lister. Any damage to, or loss or theft of, Equipment occurring prior to the Lister inspecting the Equipment upon return at the end of the reservation is the Renter’s responsibility
• If you misrepresent facts to the Lister pertaining to booking, use, or operation of the Equipment
• If any components of the Equipment are stolen or damaged or the Equipment itself is stolen or damaged during reservation period
• If you fail or refuse to communicate in good faith with the Lister, police, ROL, or other authorities with a full report of any accident or vandalism involving the Equipment or otherwise fail to cooperate in the investigation of any accident or vandalism
The Renter is responsible for any private investigation costs ROL deems necessary to recover any Equipment that is not returned. In addition, a $500 case administration fee will be imposed on the Renter if ROL and/or the Lister has to report any Equipment as stolen to law enforcement due to it not being returned.
Repossession. ROL, a hired agent of ROL, or the Lister may repossess any Equipment booked through the Services without demand, at the Renter’s expense, if the Equipment is not returned by the end of the reservation, is apparently abandoned, or used in violation of applicable law or these Terms.
Missing Equipment. If any Equipment you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must file a police report immediately after discovering the Equipment is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the Lister, law enforcement, ROL, and other authorities in all matters related to the investigation. Renter is responsible for paying the full market value of the stolen or lost Equipment.
Specific terms for Listers
The following sections also apply if you list your Equipment through the Services:
Lister commitments As a Lister, you commit that you will provide safe Equipment that is solely owned by you, with clean (non-salvage/branded/written off) title, and in good mechanical and/or operational condition. You will provide such Equipment on time but only to the Renter who is listed on the Services for the reservation. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a Renter. You will not cancel a booking for the purpose of seeking a higher price from a Renter. You will not offer any Equipment that you do not yourself own. If your Equipment is subject to a lease, loan, or other financing agreement, you must confirm sharing your Equipment on ROL does not violate the terms of the contract with the lienholder. You will not offer any Equipment that is not safe and acceptable for the use it is intended. You will not offer any Equipment that is the subject of a missing or stolen Equipment report. You will not offer any Equipment that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will remove any firearms or other weapons from your Equipment prior to providing it to a guest. You will repay loans related to your ROL business on time and in full.
Information given at registration
When you sign up for ROL, you will identify Equipment that you want to list for sharing through the Services. You may only use the Services in connection with Equipment that you own or otherwise have all the necessary rights and permissions to share for compensation.
Listing only on the Services
Any Equipment you list on the Services must be exclusively listed on the Services. You cannot list any Equipment you intend to share on the Services on any other equipment sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the Equipment from the Services, account closure, or other action, in ROL’s sole discretion.
Photography
Listers may post photographs of their Equipment and/or Listers with their Equipment (collectively, “Images”). You alone are responsible for using the Images in connection with your ROL listing and you agree that you will cease using the Images if they no longer accurately represent your Equipment. You agree that ROL is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images, and you shall take no action to challenge or object to the validity of such rights or ROL’s ownership or registration thereof. You acknowledge that ROL may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images.
Equipment/Adventure availability
Once an Adventure is booked, you must make the Adventure available or deliver the Adventure as expected by the Renter. If you offer the Renter the option to pick up your Equipment at a persistent specified location, you must supply the location of the Equipment accurately to ROL and ensure that the Equipment is available at that location at the beginning of the reservation period.
Pricing, earnings, and payments
You will have the ability to set and revise the Adventure’s pricing as you choose. ROL will pay you the amount collected from Renters that book your Adventure, less the applicable Fees payable to ROL. To the extent you owe ROL or any third party lender money for any reason, ROL also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.
Payment Processing. Payment processing services are provided by Stripe (the “Payment Processor”) and subject to the Stipes Service Agreement [Found Here] which includes the Stripe Services Agreement [Found Here] (collectively, the "Payment Processor Terms"). When you receive payment proceeds via the Payment Processor, you agree to be bound by the Payment Processor Terms, which may be modified from time to time. As a condition of ROL enabling payment processing services through the Payment Processor, you authorize ROL to obtain all necessary access and perform all necessary activity on your account connected to the Payment Processor to facilitate sharing of your Adventure. You further agree to provide accurate and complete information about you, and authorize ROL to share it and transaction information with the Payment Processor for the purposes of facilitating the payment processing services provided by the Payment Processor. ROL reserves the right to switch payment processing vendors at its discretion.
Maintenance
You are required to regularly check your Equipment for any defects in its operations or safety. You promise that, at all times, your Equipment will be in a safe and usable condition, and in good mechanical and/or operational condition. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Equipment to be booked. In addition, if ROL believes that your Equipment does not conform to reasonable standards, ROL may notify you and reserves the right to remove or decline listing your Equipment until its concerns have been resolved.
Reporting Equipment damage
If you believe that a Renter has caused any damage to your Equipment, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the Adventure) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Any damage to your Equipment must be reported to ROL at [Found Here]. Based on the investigation, ROL will reasonably determine whether the damage occurred during the reservation period. If it was, you will be reimbursed for the loss as described in the sections below by the Renter. If ROL is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by ROL, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
Missing Equipment
If your Equipment goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the Lister, must immediately (within 24 hours) contact ROL at support@ruseoutdoors.co and follow our instructions, including cooperating with ROL, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by ROL to file a police report, you must do so within 24 hours of receiving those instructions.
Damage to or theft of your Equipment
If your Equipment is damaged or stolen and you properly report such damage or theft in accordance with these Terms, ROL will assist you in getting reimbursed for such damaged or stolen Equipment from the Renter; provided, however that you understand that ROL shall not be liable or responsible for reimbursing you for such damage or theft and the Renter shall remain solely liable for repairing or replacing the damaged or stolen Equipment.
Dispute resolution
Dispute resolution for Users
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND ROL HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this section.
Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and ROL agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at support@ruseoutdoors.co. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from ROL. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) as set forth below, pursuant to the AAA’s Consumer Arbitration Rules. Any settlement offer made by you or ROL shall not be disclosed to the arbitrator.
Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of AAA (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Florida will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and ROL (including its respective subsidiaries, employees, officers, directors and agents) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with ROL, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing an Adventure). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.
Exceptions to Agreement to Arbitrate
The only exceptions to this Agreement to Arbitrate are as follows:
• Disputes or claims that can be brought in small claims court
• Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
• Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
• In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues
Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
The arbitration will be conducted by AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate. In all cases in which a live hearing is requested or required, you and/or ROL may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same ROL user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.
Costs of arbitration. Each party will be responsible for their share of the costs of arbitration and each party will be solely responsible for their attorney’s fees, expenses and costs.
Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply. Right to opt-out of arbitration; procedure.
IF YOU ARE A NEW ROL USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO SUPPORT@RUSEOUTDOORS.CO ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON ROL AS A RENTER OR LISTER, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your ROL Account to support@ruseoutdoors.co. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Miami-Dade County, Florida.
Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if ROL makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against ROL prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to ROL, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Miami-Dade County, Florida. The Parties agree to submit to the personal jurisdiction of a state court located in Miami-Dade County, Florida or a United States District Court for the District of Florida located in Miami-Dade County. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
General provisions
Termination
You may discontinue your use of the Services at any time and ROL may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and ROL may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No Equipment transfer or assignment
Except as otherwise provided herein, Renters and Listers agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in any Equipment shared through the Services.
Disclaimers
ROL PROVIDES SERVICES THAT ENABLE THE SHARING OF EQUIPMENT AND ADVENTURES BETWEEN RENTERS AND LISTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ROL DOES NOT ITSELF PROVIDE EQUIPMENT SHARING, RENTAL SERVICES, ADVENTURES SERVICES, AND/OR GUIDE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE EQUIPMENT, GUIDES, OR ANY THIRD PARTY PROVIDER OF SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, ROL 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. ROL makes no warranty that the Services, including, but not limited to, the listing and/or any Equipment or Adventure, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. ROL makes no warranty regarding the quality of any listings, Equipment, Adventures, guides, Renters, Listers, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from ROL or its service providers or through the Services or content, will create any warranty not expressly made herein. In addition, and without limiting the foregoing, ROL makes no representation or warranties of any kind whether express or implied regarding the suitability of any User of our Site to provide Services as a Guide or to employ the Services of a Guide.
Assumption of Risk
While ROL may take certain steps to help promote the safety of our Site and Services, using the Services via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Renters, Listers or Guides, and we cannot guarantee that all of your interactions with other Users, Site visitors or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps ROL may take to vet or screen Users or Guides and/or their content, or otherwise to promote the safety of the Site and Services.
Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ROL AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES (TOGETHER, THE “ROL PARTIES”) AND ANY ROL USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) EQUIPMENT AVAILABILITY (E.G., EQUIPMENT NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH ANY EQUIPMENT (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH EQUIPMENT), (3) EQUIPMENT WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE EQUIPMENT), (4) THE LEGAL OR LICENSE STATUS OF A GUIDE, RENTER, OR LISTER, (5) THIRD PARTY ASSESSMENTS OF A GUIDE, OR (6) ANY ACTION OR INACTION OF A GUIDE, RENTER OR LISTER. YOU AGREE THAT NEITHER ROL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY EQUIPMENT OR GUIDE VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
In no event will the ROL Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a Renter in the twelve month period prior to the event giving rise to the liability, or if you are a Lister, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.
YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY ROL USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROL AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
Indemnification
You agree to release, defend, indemnify, and hold ROL and its subsidiaries, 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: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of Equipment or a Guide or creation of a listing for an Adventure. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of an Adventure. This indemnification provision is a fundamental element of the basis of the bargain between ROL and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect. Not a rental company ROL is not a rental company. It is not in the business of renting Equipment to the public. ROL provides an online platform where Equipment owners and those in need of Equipment can meet and share Equipment amongst themselves subject to these Terms. Rounding off ROL may, in its sole discretion, round up or down amounts that are payable from or to Renters or Listers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.
Contact us
ROL can be contacted at support@ruseoutdoors.co. If you have any questions for us concerning the Agreement, or ROL generally, please contact us at support@ruseoutdoors.co. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.
Translations
Where ROL has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
Governing law
The parties agree that the substantive laws of the state of Florida apply to these Terms and the Agreement without regard to conflict of law provisions.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
General
ROL does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of ROL and ROL will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms. The Agreement, including these Terms, states the entire understanding between you and ROL concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of ROL. You will remain responsible for your obligations hereunder in any event. A ROL Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.