Muuchit Terms & Conditions
Revised January 31, 2018
THIS AGREEMENT (THE “AGREEMENT”) ESTABLISHES THE TERMS AND CONDITIONS THAT APPLY TO YOU WHEN YOU USE THE SITE (AS DEFINED BELOW). BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SITE IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY MUUCHIT LLC (“COMPANY,” “WE, “OUR,” OR “US”) AT ANY TIME; PROVIDED THAT WE WILL ENDEAVOR TO PROVIDE YOU WITH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SITE AFTER THE MODIFICATION OF THIS AGREEMENT MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THIS AGREEMENT EACH TIME YOU ACCESS THE SITE IN ORDER TO VIEW ANY CHANGES TO THIS AGREEMENT. THIS AGREEMENT WAS LAST MODIFIED AS OF THE DATE INDICATED ABOVE.
USE OF WEBSITE
The "Site" is Company’s website located at www.muuchit.com, as it may be updated, relocated, or otherwise modified from time to time. The Site is a platform facilitating the rental of space and items for events. Individuals, businesses or non-profit organizations (collectively, “Users”, or “you”) who register with the Site to rent items or space (“Renters”) from other Users who are offering their space or items (“Providers”) for temporary use (“Event”). Space or venues to be rented shall include buildings, parks, vessels, or any other property owned or managed by Provider (“Space”). The transaction, as used herein, shall be defined as the exchange of funds by the Renter for renting either space, or items from the Provider for the Event, which shall also include the process on the Site to select Providers (the “Transaction”). Users, using one account, may use the Site for multiple purposes, in which case the Terms apply to the use case, respectively.
REGISTRATION, ACCOUNTS, PASSWORDS & SECURITY
Renters. In order to become a Renter, you must complete the registration process by providing Company with current, complete and accurate information, as prompted by the applicable registration form.
Provider. A Provider may either be a business, non-profit organization, or individual (collectively, “Providers”). All Providers must complete the registration process on the Site. If you are a business, Company requires you to provide proof of the business operations, such as employment identification numbers and/or registration to do business in respective states, in order to verify identity and credentials or as otherwise set forth in the Agreement. All businesses and individuals or other for-profit entities must agree to donate 5% or more of the funds collected through the Site to an approved Non-Profit Organization (the “Pledge”). Users select the recipient Non-Profit Organization by either nominating one through the Site or selecting a Non-Profit Organization. If you are a Provider renting out Space other than vessels, you must also carry general liability insurance, which shall include incidents occurring on the premises, in the amount of $1,000,000.00. You may be required to provide Company with proof of this insurance at its request. In order to receive funds from the site, all Providers must also connect a bank account to Company’s third-party processor.
Non-Profit Organizations. In order to be eligible to be the recipient of a Pledge, you must be an operating 501(c)3 and you must receive written approval by Company. Company may require proof of non-profit operation and has full discretion to approve or deny any non-profit organizations.
Accuracy of Information. You acknowledge that in the event you provide any information to Company which is untrue, inaccurate, not current or incomplete, Company may terminate this Agreement and your continued access to the Site. You may be held responsible for all damage that occurs due to intentionally or unintentionally providing inaccurate information. For Providers, this includes providing accurate, up-to-date representations and pictures of your items and space to be rented.
Eligibility. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Site, and that you possess the legal right and ability to enter into this Agreement. If you are using the Site on behalf of an individual, company, entity, or organization, you represent and warrant that you are an authorized representative of such party with the authority to (i) bind such party to this Agreement, and (ii) agree to be bound by the Agreement on behalf of such party. THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY COMPANY. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
Credentials. As part of the registration process, you will be required to create an account using an existing email address, Facebook or Google login or third-party login. By filling out any form on the site, you are creating an account with the Site. You are entirely responsible for maintaining the security and confidentiality of your account and its login credentials. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. If your personal accounts have been breached, you must notify us immediately, whether or not there has been an indication that your account related to the Site has been compromised. To notify us, contact us at firstname.lastname@example.org. You are responsible for all use of the Site occurring under your username. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Company or another party due to someone else using your account or password.
You may use the Site solely for lawful and authorized use, non-commercial purposes (unless you are a Provider, as defined above) as intended through the provided functionality of the Site. You may not use our site Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, User accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
i. use, copy, install, transfer or distribute the Site, except as specifically permitted by this Agreement;
ii. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or its Content (as defined below);
iii. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Site or in or on any content or other material obtained through the Site or the use of the Site;
iv. create User accounts by automated means or under false or fraudulent pretenses;
v. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
vi. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
vii. reformat, mirror, or frame any portion of the web pages that are part of the Site;
viii. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
ix. transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (b) any material, non-public information about individuals or companies without the authorization to do so, (c) any trade secret that may become known through use of the Site, and/or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
x. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
xi. harvest or collect information about other Renters or Providers without their prior written consent;
xii. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Site, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the Site’s authorized features, or by law, or otherwise attempt to use or access any portion of the Site other than as intended by Company;
xiii. access, tamper with, or use non-public areas of the Site, Company’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Company’s providers;
xiv. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Company employees, representatives, Providers, and/or other Renters;
xv. create a new account with Company, without Company’s express written consent, whether or not Company previously disabled an account of yours or assist a banned User in using the Site through another User’s account;
xvi. solicit, or attempt to solicit, personal, company or organization information from other Users;
xvii. restrict, discourage or inhibit any person from using the Site, disclose User Information about a third person on the Site or obtained from the Site without the consent of such person, or collect information about Users;
xviii. gain unauthorized access to the Site, to other Users’’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site;
xix. violate any applicable federal, state or local laws, regulations or this Agreement;
xx. use the Site for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Site to contact Users in violation of the non-circumvention provision referenced herein, or using the Site in violation of Company’s or any third party's intellectual property or other proprietary or legal rights;
xxi. use or access the Site to build a competing service; or
xxii. use doctored or modified photos or videos that result in an inaccurate portrayal of likeness of User, User’s business, items, or pace..
We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce this Agreement.
Additional Renter and Provider Responsibilities and Requirements:
Renter will arrive at the date and time specified when making the Reservation.
Renter will manage the transportation to and from the Provider’s Space or when transporting rented items.
Renter will return items in the same condition, less normal wear and tear, as presented by Provider upon initial rental Renter will return items or vacate the Space on the agreed date and time between the parties.
Provider will not sell or offer, and Renter will not purchase or accept any goods or services not contracted for through Company Site.
Provider shall make available the space and items for pickup or use by Renter, in the condition and with the same limitations as represented on the Provider’s description on the Site.
All information and documents exchanged between Users will remain confidential and will not be used for any purpose other than for purposes of the Transaction booked though Company.
Additional Responsibilities for Events on Vessels:
Identification and Travel Documentation: In accordance with the United States Coast Guard (“USCG”) regulations and other Governmental regulations, Renters are required to comply with all USCG regulations, and will be required to present valid identification prior to the Event. Providers have the right to refuse boarding to any person without the required documentation or non-compliance with USCG or other government regulations without recourse or further obligation to Company.
Company and Provider will require you to provide specific and accurate passenger information regarding all persons traveling pursuant to Reservations made by you, after or during the Reservation and furnished to Provider no later than twenty four (24) hours prior to the Event. Provider is responsible for coordinating passenger count, accommodations, any luggage size and weight, pets, positive identification, and other information which may be required according to the operating specification for the vessel and at its sole discretion. You agree to furnish accurate and timely information to Company’s upon its request, and understand that failure to provide the information, providing inaccurate or incomplete information in a timely manner may result in delaying the Event, Company or Provider cancelling the Event, and may result in you missing the Event which is considered a cancellation without notice and will incur a cancellation penalty as defined herein.
Insurance. It is the sole responsibility of the Provider of the vessel to maintain liability insurance coverage, including proper charter insurance. Company is not liable for any claims arising in connection with or related to the vessel. Company does not require proof of or verify insurance for the vessel or the charter. If Renter requires proof of insurance, Renter may make the request of Provider and assumes responsibility for any misrepresentations or claims made as it relates to the insurance.
Captains. Company does not arrange, partner, provide, or recommend Captains to drive vessels. If Renter wishes to hire a Captain, Renter does so independently and assumes all risks. If Provider chooses to assist Renter in selecting or arranging a Captain, Company makes no representations as to the capability or competency of the Captain. Further, if Renter declines to arrange a Captain, Provider and Renter must ensure their usage of the vessel complies with state and federal laws.
As a condition of being permitted to book Providers through the Site, Renters agree with the following terms for all events booked on the Site.
Verification Methods. When a Renter arrives, Provider has a duty to verify that the Renter responsible for making the Reservation is present and that his or her age is above 18. Renters will be required to have a valid form of government-issued identification with a picture and birthdate.
Prices. The fees listed on the Site by each Provider are the standard fees for the listed item or Space, which Company and Provider reserve the right to change at any time in its sole discretion. The Provider’s Pledge amount and its respective recipient selected shall be displayed on each listing and/or Provider profile. The Pledge shall be deducted from the listed price. In addition, fees for items, or Space provided by a Provider may vary depending on a variety of factors including but not limited to rental duration, day, time, or location of Event. The fee you are ultimately charged is the “Fee.” Company may add Transaction fees, which may change from time to time, that may be absorbed by either the Provider, the Renter, or both, and the pricing listed on the Site may not reflect actual pricing.
No Liability. Company will not have any liability whatsoever for any of the items or Space provided by Providers. Renters bear sole liability for all items and Spaces reserved through the Site.
Exclusive Booking through Company. In order to receive pre-negotiated rates with Company, Renters agree that once a Renter has booked a Provider through the Site, all subsequent Events with the Provider will be made through Company, for as long as: (i) the Provider is an active participant in the Company network, and (ii) the Renter continues to keep its account with Company active and in good standing.
Additional Terms & Conditions by Provider. Providers are required to provide Renters with information regarding the use of their items or facility, including but not limited to the hours Renter is permitted to occupy the facility, smoking rules, and rules related to the consumption of alcohol on the premises. If a Provider requires a Renter to enter into an additional contract (“Provider Contract”), Renter does so at its own risk and Company shall have no liability or relation to any disputes or breaches. ALL TERMS IN THE PROVIDER CONTRACT INCONSISTENT OR CONFLICTING WITH THIS AGREEMENT SHALL BE DEEMED UNENFORCEABLE.
Non-Circumvention. Users acknowledge and agree that Company’s principle stream of revenue is generated by introducing Provider and Renter. Company only is compensated when Renters and a Providers pay and receive payment through the Site. Therefore, for 24 months from the time Users are introduced through Company, both must use Company as their exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of the relationship with that party.
Both Users agree not to circumvent payment through the Site. By way of illustration and not in limitation of the foregoing, Users are prohibited from:
Submitting proposals to or soliciting other Users introduced by Company to contact, hire, work with, or pay without Company.
Accepting proposals or solicit parties introduced by Company to contact, deliver services, invoice, or receive payment without Company.
Invoicing or reporting through Company an invoice or payment amount lower than that actually agreed between Users.
Users agree to immediately contact Company, if another person improperly contacts a user or suggests making or receiving payments without Company. If you are aware or become aware of a breach or potential breach of the non-circumvention provisions in this Agreement, you must submit a confidential report by sending an email message to: email@example.com.
Responsibility for Payment. Renters will be charged for the rental in advance of the Event. You agree to pay Company all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge, understand and agree that when using the Site, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will Company be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
Company not Liable for Cancellation Damages. Company shall not be liable for any delay or failure to perform in connection with any Event or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or landing approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Company. Company is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. Company will use best efforts to make acceptable alternate Event arrangements should any of the above occur and cause a delay. In no event shall you pursue Company for any amount in excess of the amount paid by you to Company.
Dispute Resolution. Company retains the right to mediate any dispute between Users. All Transactions made through the Site are final and Company provides no refunds absent extreme circumstances. Prior to contacting Company with a dispute related to a Transaction, Users must first attempt to resolve the dispute independently. Upon a good-faith attempt to resolve the dispute, Users should provide written notice and copies of the communications relating to the dispute to firstname.lastname@example.org. However, Company has no obligation to conduct or arrange a mediation, ensure a satisfactory outcome, and under no circumstance should Company’s total liability to either party exceed the amount of the Transaction.
PAYMENT AND REFUND TERMS
In order to use the Site, you must submit a credit card, debit card, ACH-enabled checking or savings account, or other payment method (a “Payment Method”) through which you will pay all charges incurred or receive all funds earned in connection with the Site. When you provide a Payment Method in connection with the Site:
You confirm that you are permitted to use that Payment Method, and you authorize Company and/or Company’s third-party payment processing service to confirm that your Payment Method is in good standing with the issuing financial institution and/or carrier (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Method, in accordance with the relevant card association or carrier rules as applicable.
You authorize Stripe or any other payment processor to store the Payment Method, along with other related Transaction information, and bill the designated Payment Method for all charges accrued on a daily basis.
For business, individual and other for-profit Providers: Company will automatically deduct the amount Pledged from each Transaction and route the funds to the selected Non-Profit Organization recipient.
For Non-Profit Organizations: Company will disburse funds owed to you through Pledges within 12 months of the Transaction. However, if a Pledge is associated with a User dispute, then Company may withhold such funds until it determines the issues have been resolved.
Your Payment Method will be billed at the time of making a Reservation or shortly thereafter. If you pay by debit card and your payment results in an overdraft or other fee from your bank, Company shall bear no responsibility. Any Fees that Company may charge you for the Transaction may be non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Site either planned, accidental or intentional, or any reason whatsoever.
Company reserves the right to issue refunds or credits at its sole discretion. However, if you believe you were overcharged or that there is an error with your billing, then you must make a claim for a refund within 3 days of the charge by sending an email to email@example.com.
Company may pre-authorize an additional fee on the credit card or payment method used at the time of Reservation to effect a security deposit (“Security Deposit”). Renter forfeits the total amount of the Security Deposit should the space or items be damaged beyond normal wear and tear.
Renter may be required to make an additional Security Deposit directly with Provider at time of reservation. Renter shall be made aware of this additional Security Deposit at the time of the Reservation.
Additionally, Renter may be liable for the full amount of the items should the items be lost, stolen, or severely damaged while in Renter’s control.
Upon making a Reservation, neither Company nor Provider is obligated to issue a refund respective to funds it has collected.
CONTENT SUBMITTED TO COMPANY
By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Site, you grant Company and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Site, including by marketing and advertising the Site, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent; provided further, that if you are a user, the use of certain Materials (for example, your biography, photo, and other information to associate with your profile on the Site). None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Company may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site by any User. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Company and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Site.
The opinions expressed on the Site reflect solely the opinions of the users who post thereon and do not reflect the opinions of Company. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact Company immediately at firstname.lastname@example.org so that we can consider its editing or removal.
You are solely responsible for your Materials and the consequences of posting them on the Site. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
TERM & TERMINATION
Effect of Termination. Provisions, including but not limited to those relevant to proper use, non-circumvention, storage, intellectual property and ownership of materials, and payment will survive termination or expiration of the Agreement. Payments by you, which accrue or are due before termination of the account, will continue to be payable by you, and amounts owed to Company at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
Proprietary Information. You acknowledge and agree that: (i) the Site, including, without limitation, any Content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Company and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Company; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to this Agreement; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to this Agreement.
ITEMS AND SPACE RENTED ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SITE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. NONE OF COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE “COMPANY PARTIES”) WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
You acknowledge that any information you obtain from Users comes from those individuals, and not from Company, and that Company is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. Company disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of this Agreement. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
LIMITATIONS OF LIABILITY
EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS, HER OR ITS USE OF THE SITE, AND (II) ANY DAMAGES INCURRED BY HIM, HER, ITS OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE USE OF OR TRANSACTIONS MADE ON THE SITE. THE AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF THE COMPANY PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SPACE OR ITEMS PROVIDED BY ANY OF THE PROVIDERS ACCESSED THROUGH THE SITE. FURTHER, COMPANY IS NOT RESPONSIBLE FOR ANY CRIMINAL ACTS WHETHER COMMITTED BY USER UNDER ANY CIRCUMSTANCES, THIS INCLUDES BUT IS NOT LIMITED TO THEFT, VIOLENT CRIMES, HARASSMENT OR ANY OTHER CRIMES COMMITTED OUTSIDE OF THE SCOPE OF THE EVENT SERVICE CONTRACTED FOR.
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE ITEMS AND SPACE MADE AVAILABLE TO YOU BY COMPANY AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
YOU EXPRESSLY RELEASE COMPANY FROM ANY AND ALL LIABILITY RELATED TO ALL SPACE AND ITEM RENTALS. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR RESOLVING ANY DISPUTES BETWEEN SPACE OWNERS AND USERS, WHETHER RELATED TO A RESERVATION CANCELLATION, OR OTHERWISE, OR PROCESSING ANY CHANGES TO OR CANCELLATIONS OF RESERVATIONS. COMPANY DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD.
Third Party Disputes. COMPANY IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Force Majeure. Company will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Company’s reasonable control, such as strikes, blockade, war, terrorism, riots, torrential rain, flooding, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Company in fulfilling its obligations hereunder.
Indemnification and Release. You will defend, indemnify and hold Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of this Agreement or any representation, warranty or covenant contained herein; (ii) any and all use of the Site not specifically authorized hereunder and on the Site; and (iii) any and all claims and actions against Company by other parties to whom you allow access to an Event.
You further waive, release and forever discharge the Company Parties from any and all responsibility or liability for injuries or damages resulting from your Event or any other service obtained through the use of the Site, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND COMPANY AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration.
i. Commencing Arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Company, to you via any other method available to Company, including via e-mail. The Notice to Company should be addressed to Muuchit LLC, 2805 E. Oakland Park Blvd, #245, Fort Lauderdale, Florida 33306, Attn: General Counsel (the “Company Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If the claim is not resolved within 30 days after the Notice is received, then you or Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “RULES”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available at www.adr.org.
ii. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Miami-Dade County, Florida, will be appointed pursuant to the Rules, as modified herein. You and Company agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. No Class Actions. YOU AND COMPANY AGREE THAT YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THIS ENTIRE MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply Florida state law during the arbitration. You agree that these terms and your use of the Site evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
v. Equitable Relief. The foregoing provisions of this do not apply to any claim in which Company seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Company or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Company, and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.
vi. Claims. You and Company agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Site, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
vii. Improperly Filed Claims. All claims you bring against Company must be resolved in accordance with this Agreement. All claims filed or brought contrary to any part of this Agreement will be considered improperly filed. Should you file a claim contrary to this Agreement, Company may recover reasonable attorneys’ fees and costs, provided that Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
viii. Modifications. If Company changes the Mandatory Arbitration provision (other than a change to Company’s Address), then you may reject any such change by sending us written notice to Company’s Address within 30 days of the change, in which case your Account and your right to use the Site will terminate immediately, and this section regarding Arbitration, as in effect immediately prior to the amendments you reject, will survive termination of this Agreement.
ix. Enforceability. If only part of the section regarding Arbitration or the entirety of the section is found to be unenforceable, then the entirety of the Arbitration section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to this Agreement.
Governing Law; Choice of Forum. The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of this Agreement. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
Feedback. While our staff continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively “Feedback”), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:
i. Company will own, exclusively, all known or later discovered rights to the Feedback;
ii. Company will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
iii. Company will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Entire Agreement; Variation. This Agreement and any license contained in Company’s products set forth the entire agreement between Company and you with respect to the Site; provided, however, that Company may enter into additional agreements with you.
Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement will not be affected thereby.
Relationship of Parties. Nothing herein will be deemed to create an employer-employee relationship between Company and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
Waiver. No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
Assignment. Neither this Agreement nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Company and any attempt to do so will be null and void. However, Company may assign or transfer this Agreement at any time without your permission
This Agreement governs your access to and use of the Site. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Company. Do not access or use the Site if you are unwilling or unable to be bound by the Terms. You further acknowledge that You are legally competent and authorized to enter into this Agreement with Company.