Ebb and Flow Outdoors Terms of Use
Welcome to EbbAndFlowOutdoors.com, a peer-to-peer outdoor activity equipment rental marketplace and online service provided by Ebb and Flow Outdoors LLC. By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"). This Agreement applies to all users, visitors, and others who access this service. If you do not agree to be bound by this agreement, you are not authorized to use our services.
Ebb and Flow reserves the right, at its discretion, to change, modify, add or remove any of these terms at any time. Please check this page regularly for changes. Your continued use of the website constitutes acceptance of any changed terms.
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that Ebb and Flow Outdoors LLC is not a party to any agreements entered into between renters and owners, nor is Ebb and Flow Outdoors LLC an agent or insurer. Ebb and Flow Outdoors LLC has no control over the conduct of renters or other users of the service and disclaims all liability in this regard. As a result, Ebb and Flow has no control over the accuracy or correctness or reliability of the content or information provided by renters and owners. This Agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Rights of Content
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. We grant you a non-exclusive, non-sublicensable license to use our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features solely in connection with your use of the services and in accordance with the. We may revoke this license at any time.
You are solely responsible for ensuring you do not use or allow the service to be used for any of the following purposes:
1. Gaining, or attempting to gain unauthorized access to any system that does not belong to you or to which you do not have authorized access.
2. Altering, defacing, or otherwise causing any unauthorized or unapproved modification of any third party system, website, data or network.
3. Storing, transmitting, or processing material in a manner that violates intellectual property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents and trademarks.
4.
Submitting, posting or otherwise making available any
worms, viruses, or other harmful, disruptive, or destructive files, codes or
programs.
5. Submitting, posting or otherwise making available information or material that you do not have the right to submit, post or transmit.
6. Violating the privacy rights of others, including, without limitation the collection, storing or transmission of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations.
7. Collecting, storing or transmitting any material that is unlawful, obscene, harassing, libelous, abusive, hateful, encourages unlawful acts, or may be interpreted as violating the civil rights of others, including attacks on others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition .
8. Collecting, storing or transmitting material that violates applicable local, state, federal, or international laws or regulations.
9. Intentionally interfering with or disrupting the service or engaging in or permitting any activity that leads to a degradation or denial of service for the service or its users.
10. Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data.
11. Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data.
12. Using our services to stalk, harass, or post direct, specific threats of violence against others.
13. Entering personal information about any third parties, including protected health information, in a personally identifiable manner or in violation of any applicable laws.
Without affecting any other remedies available to us, we may permanently or temporarily terminate or suspend a user’s account or access to the services without notice or liability if we (in our sole discretion) determine that a user has violated this Agreement.
You are independently responsible for adhering to all local, state, federal, and international laws and regulations relating to and applicable to your use of the Service and data derived from the Service.
Eligibility
This service is intended solely for people eighteen (18) years of age or older, and any registration, use or access to the service by anyone under 18 is strictly prohibited. Ebb and Flow Outdoors LLC reserves the right to limit or restrict access by any person, in our sole discretion.
NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF THE LICENSED APPLICATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY, ITS AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold Company, its
affiliates and their respective successors and assigns, officers, directors,
employees, agents, licensors, representatives, advertisers, service providers,
and suppliers harmless against any and all claims, demands, actions, losses,
damages, costs and expenses (including reasonable attorneys' fees), arising out
of or relating to your (a) breach or violation of this Agreement, (b)
infringement, misappropriation or any violation of the rights of any other
party, (c) violation or non-compliance with any applicable law, rule or regulation,
and (d) use, alteration or export of the Licensed Application (or any component
thereof) in violation of this Agreement. Company reserves the right to assume
the exclusive defense and control of any claims or actions subject to
indemnification by you and all negotiations for its settlement or compromise,
and you agree to fully cooperate with us upon our request.
Export Restrictions
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Commercial Items
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
No Guarantee of Use or Availability
Company and its affiliates reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Licensed Application and/or any Services without notice to you and neither Company, its affiliates nor any of their respective licensors shall be liable to you or any third party should it exercise such rights. From time to time, Company may make available updates or upgrades to the Licensed Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Licensed Application was originally downloaded. Certain functions of the Licensed Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by Company or otherwise.
Amendments
Company may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including notice on the Services or by other electronic means, and a new copy of this Agreement shall be made available on the Services. By using the Licensed Application and/or any Services after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and Company shall treat your use as acceptance of the changed provisions.
Termination
This Agreement is effective until terminated by you or Company. Your rights under the license granted herein shall terminate automatically without notice from Company if you fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, thereof.
Governing Law; Interpretation
To the extent not prohibited by law, you agree (a) that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Minnesota applicable to contracts wholly made and to be performed within the State of Minnesota, (b) to irrevocably submit to the sole and exclusive jurisdiction of the Federal and District Courts sitting in the State of Minnesota and the State Courts located in Hennepin County, and (c) to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Minnesota is an inconvenient forum. No failure or delay by Company, its affiliates or licensors to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without Company’s prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination. You agree that Apple is an intended third party beneficiary of this Agreement and will have the right to enforce this Agreement as a third party beneficiary.
Contact Information.
You may contact Company at:
support@ebbandflowoutdoors.com
Arbitration
In the unlikely event that Ebb and Flow Outdoors LLC has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Ebb and Flow Outdoors LLC claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration in the county of St. Louis. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney's fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Ebb and Flow Outdoors LLC from seeking injunctive or other equitable relief from the courts as necessary to protect any of Ebb and Flow Outdoors LLC's proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and Ebb and Flow Outdoors LLC are each waiving the right to a trial by jury or to participate in a class action.