We know Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.
Please note that we reserve the right to revise and amend this Agreement at any time at our sole discretion. Any changes to this Agreement will be posted on our website at https://kitsplit.com/terms-of-use and will become effective immediately upon posting. It is your responsibility to check updates to this Agreement periodically. If you do not agree to any modifications to this Agreement, you should cease using KitSplit. Your continued use of KitSplit after any amendment or modification to the Agreement constitutes your agreement to the amended or modified Agreement.
Before we get going, please note that for purposes of this Agreement, the following terms shall be defined as follows:
“Gear” shall mean a piece of equipment available by an Owner to Renters for rent through KitSplit as described in any Rental Listing, including accompanying accessories and, if specifically indicated, any consumables included therewith. As context requires, Gear may also refer generally to all Gear available on KitSplit or studio spaces for rent.
“Member Feedback” shall mean user feedback on KitSplit about a Rental Transaction or a party to a Rental and the mechanism through which that feedback is delivered.
“Owner” shall mean a party with Gear for rent on KitSplit.
“Public Discussion” shall mean the forum elements of KitSplit that allow Users to comment on Rental Listings or to ask for more details.
“Rental Contract” shall mean an agreement between an Owner and a Renter obligating the Owner to transfer the right to use Gear for a fixed amount of time in exchange for a fee, as set forth in this Agreement. For purposes of this definition, a Rental Contract includes: (i) the standard terms governing Rentals in this Agreement; (ii) any variation of the terms of this Agreement as we may provide from time to time; and (iii) any other agreement that an Owner uses to facilitate a Rental through KitSplit.
“Rental Listing” shall mean information published by an Owner on KitSplit in connection with a specified piece of Gear.
“Rental Payment” shall mean a payment made from a Renter to an Owner for Gear rented subject to a Rental.
“Rental” shall mean a rental of Gear between an Owner and a Renter governed by a Rental Contract.
“Rental Period” shall mean the fixed period of time during which there is a Rental between an Owner and a Renter pursuant to a Rental Contract.
“Renter” shall mean a party who rents Gear, pursuant to a Rental Contract, through KitSplit.
KitSplit is an online marketplace designed to connect Renters and Owners. We’re not a party to any Rental Contract, and we do not offer any rental services. As such, we cannot and do not have control over the quality, timing, safety, legality, failure to provide, or any other aspect whatsoever of the Gear listed in a Rental Listing, or the integrity, actions, or omissions of any Owner or Renter. We also do not have control over:
When using our Service, know that there is no guarantee that the parties will comply with any or all terms of a Rental.
You must be at least 18 years old to use our Services. If you are under 18 years old and would like to use KitSplit, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
You can only use KitSplit to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.
By using KitSplit, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
We offer our Services only for personal, noncommercial use and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
You don’t need to create an account on KitSplit in order to browse for Gear. However, you’ll need to create an account with KitSplit in order to enter into any Rental Agreement and will need to provide us with your first and last name, email address, a password and other information. By creating an account, here are a few common sense rules and acknowledgements that we ask you comply with and understand:
Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people (e.g., if you’re renting Gear as a collective), then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.
Be clear about our relationship. Creating an account with KitSplit or using our Service does not create an agency, partnership, joint venture, employment, or franchisee relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.
Passwords. You’re responsible for safeguarding the password that you use to access KitSplit and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.
Please contact firstname.lastname@example.org to answer any questions you have about registering an account with KitSplit.
If you post a Rental Listing on KitSplit, you must either own or be lawfully allowed to rent out every item you offer. You further must possess all the intellectual property rights to the Rental Listings, including the text (title, sub-title, and description) and images, including any applicable image reproduction rights or publicity rights of depicted items or persons, and any software utilized by the Gear. When posting a Rental Listing, you agree to follow a few common sense rules:
If you enter into a Rental with an Owner, you’re agreeing to pay the price advertised by the Owner in the Rental Listing, including extra payments such as maintenance, or other assistance as linked to the particular Gear listed, and the fee we assess for the Rental based on the total payment amount. When entering into a Rental:
Disclaimer: Please note that KitSplit is not an insurance provider, broker, or agent. KitSplit is not licensed in any state or country to be an insurance provider, broker, or agent. The KitSplit damage coverage policy is not an insurance policy, instead it is limited coverage provided by KitSplit, as a convenience, to owners for rentals with a listed replacement value of $10,000 or less.
Accidents happen, but KitSplit has you covered. We require Renters to either purchase insurance, purchase a damage waiver, or leave a full deposit with KitSplit. Renters have the choice between three kinds of coverage:
Buy KitSplit Short-Term Rental Insurance for equipment worth $10,001 or more. When checking out, Renters can get an instant quote and instant coverage for any Rental of equipment worth $10,001 or more on KitSplit with KitSplit's broker partner(s). KitSplit Short-Term Rental Insurance with KitSplit's broker partner(s) is subject to certain conditions, limitations, and exclusions, as described in more detail at https://kitsplit.com/short-term-insurance.
Pay for KitSplit Damage Coverage for equipment worth $10,000 or less. When checking out, Renters can get an instant quote and instant coverage for any Rental of equipment worth $10,000. The KitSplit damage coverage policy is not an insurance policy, instead it is limited coverage provided by KitSplit, as a convenience, to owners for rentals with a listed replacement value of $10,000 or less.KitSplit damage coverage is subject to certain conditions, limitations, and exclusions, as described in more detail at https://kitsplit.com/short-term-insurance.
Use Your Annual Equipment Insurance. KitSplit Renters are welcome to use their annual equipment policy to cover Rentals on KitSplit. All you need to do is make sure your policy is current and eligible to cover the rental and to upload a Certificate of Insurance (COI) as proof of your coverage. The KitSplit team will call your insurance company to verify that your insurance properly covers the equipment you’re renting. If you choose to use your company’s annual equipment insurance, please note that KitSplit can only verify COIs on weekdays between the hours of 9am-5pm. Therefore, please be sure to upload your COI Monday-Friday before 4pm, at least one weekday before your Rental begins.
Leave a Deposit for the Full Value of the Equipment. KitSplit Renters can choose to leave a deposit for the value of the equipment in the form of a credit card hold. This option is only available if your available credit card balance is higher than the total value of the Gear in your Rental.
We charge a convenience fee of fifteen percent (15%) for each Rental, in addition to any third-party processing fees charged by Stripe (the payment service provider retained by KitSplit).
Here are some things to keep in mind about fees and payment:
Responsibility for Paying Fees. Our convenience fee and any third-party processing fees will be deducted from an item’s advertised price as that price appears to the Renter on KitSplit. The Renter is responsible for paying the service fee. Renters will be responsible for paying the invoice for each Rental (the “Invoice”), which will include the pricing terms of the Rental Contract (“Rental Payment”), any extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed, and the fee we assess for the Rental, which is based on the total payment amount. Within twenty-four (24) hours after the Owner receives the returned Gear, the Renter authorizes Stripe to process the total payment amount and any fees owed to us.
Taxes. Owners will be solely liable for any taxes resulting from any Rental or use of KitSplit and will be solely responsible to determine what taxes, if any, he or she must pay.
Our Rights. We reserve the right to change the foregoing fees and agree to notify users of any changes in fees prior to providing an invoice. We also reserve the right, in our sole discretion (but not the obligation), to: (i) place on hold any Rental Payment and extra payments for an indefinite period, or (ii) refund or provide credits to a Renter or Owner, or arrange for Stripe to do so, from the funds paid by a Renter or received by an Owner if we determine, in our sole discretion, that any impropriety has occurred in a Rental. Users of KitSplit will be liable for any taxes (including VAT, if applicable) required to be paid on the Rental provided under the Agreement (other than taxes on the Company’s income).
We’re a community-oriented site that allows for communication and sharing of information between Owners and Renters to facilitate Rentals. However, in order to build and maintain an amazing community:
Don’t Undermine Kitsplit or go off-platform. Please don’t enter into a Rental or otherwise conduct business with a Renter outside of KitSplit. If your rental is not paid through KitSplit you will not be protected by our insurance or damage coverage and you will be at great risk for damage or theft to your equipment with no protection or recourse. It also will limit our ability to grow and build our community of artists and creative workers. We reserve the right to block you from KitSplit if we find that you have taken a transaction off-platform.
Be Careful. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons that you don’t know. Each User should undertake his or her own research to be satisfied that a specific User is suitable to enter into a Rental.
Like many online services, KitSplit allows users to post, transmit, or store text or other materials, such as Rental Listings, Public Discussion, Member Feedback, and third-party links (collectively, "Content").
Responsibility for Your Content. You should only provide Content that you have the right to share and are comfortable sharing with others under this Agreement. Don’t upload, post, or otherwise transmit any Content to or through KitSplit that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or KitSplit rule or policy. If you do so, we reserve the right to remove any and all of your Content from KitSplit.
Approval of Content. We do not verify or pre-approve any posted Content, and material in the form of opinions are not our opinions.
We may facilitate communication or payment between Renters, prospective Renters, and Owners of Gear. But make no mistake: we’re not the agent of any Renter, prospective Renter, or Owner for any purpose. Our involvement is limited and is only to facilitate the rental of Gear.
As such, you should understand that nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship between the parties. Everyone using our Service is acting in their own name and for their own purpose.
KitSplit is provided for your personal use only. You are responsible for all of your activity in connection with KitSplit and for any use of your KitSplit account. When using KitSplit in accordance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license. However, that license is subject to your good behavior. If you use the Service, we ask that you abide by basic common sense ground rules – specifically:
Don’t Use Our Service to Break the Law. You agree that you will not violate any laws or regulations when using KitSplit. This includes any local, provincial, state, federal, national, and international laws or regulations that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your Gear requires; you may not rent or offer for rental anything that violates any laws; and don’t commit fraud, theft, or any other crimes against KitSplit, another KitSplit user, or a third party.
Respect the Rights of Others. Don’t engage in any harassing, intimidating, or predatory behavior, or stalk any other user of KitSplit or contact a User for any purposes other than asking a question related to a Rental Contract or the Rental. Don’t upload any content that violates the rights of any third parties, including but not limited to copyright, trademark, statutory, and other proprietary rights.
Pay Your Bills. You are responsible for paying all fees that you owe to KitSplit. You are also solely responsible for collecting and paying any applicable taxes (i.e. value added taxes) for any purchases or sales you make through our Service.
Don’t Steal from Us. You agree not to “crawl,” “scrape,” “spider,” decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code, data, or underlying ideas or algorithms of any part of KitSplit, except to the limited extent applicable laws specifically prohibit such restriction.
Don’t Try to Harm Our Systems. You agree not to distribute any virus, worm, Trojan horse, or other harmful computer code through the Service.
Respect Our Intellectual Property. The name “KitSplit” and any graphic elements, design elements, presentations, phrases, designs, logos, layout, and source code of KitSplit are owned by us and are protected by copyright, trademark, and other laws.
Respect Our Service. Do not take any action that: imposes or may impose an unreasonable or disproportionately large burden or load on KitSplit’s infrastructure; interferes or attempts to interfere with the proper working of KitSplit or any activities conducted using KitSplit; circumvents any security-related features of KitSplit; builds, or authorizes another party to build, a competitive product to KitSplit; recruits or otherwise solicits any user of KitSplit to join third-party services or websites that are competitive to KitSplit; or bypasses any measures we may use to prevent or restrict access to KitSplit.
Provide Us with Feedback. Your feedback can help us improve your experience and our Service. Any unsolicited ideas or other materials you submit to KitSplit (not including your Content or items you offer for Rental through our Service) are considered non-confidential and nonproprietary to you. You grant us a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation, credit, or acknowledgement.
If a User has uploaded any User Content to KitSplit that infringes an intellectual property right, feel free to send us a request to take down the content at email@example.com. Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature.
If you send us a request to take down content that infringes upon your copyright, your request should include:
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Kristina Budelis.
Copyright complaints and requests can be sent directly to this agent at firstname.lastname@example.org. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
If someone has created an account in which he or she pretends to be you, and you send us a request to take down that account, please be sure that you have included the email address of the fake account.
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content or the fake profile and will send a notice to the other KitSplit user indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at email@example.com. Any Counter Notice should include:
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
We may terminate your account or otherwise prevent you from using KitSplit at our discretion, with or without cause, at any time and without notice, and without any liability to you for doing so. We further reserve the right to block access to KitSplit to anyone for any reason at any time.
If we terminate your account, you must immediately stop using KitSplit and you agree not to attempt to regain access to KitSplit without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect, and KitSplit reserves the right to retain any data or information you have provided to KitSplit or posted on KitSplit.
If you wish to terminate your account with KitSplit, please contact us at firstname.lastname@example.org. In the event of termination of your account, the provisions of this Agreement shall remain in effect.
We haven’t built KitSplit entirely from scratch. In order to operate the Service, we utilize various third-party services and websites including our payment service Stripe and Facebook (“Third-Party Services”). We have no control over these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third-party’s content or policies. Users who access or use a Third-Party Service through KitSplit are solely responsible for complying with the terms and policies of those third parties.
In no event shall a description or reference to a third-party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service through KitSplit.
Disputes Between Renters and Owners. We’re not a party to any Rental Agreement between Renters and Owners. We serve only as a facilitator by offering a digital communications platform through which users can execute Rentals. You understand that we do not create, manufacture, store, or inspect any of the Gear rented through our Service. We cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to Gear you Rent must be brought directly against the Owner of the Gear. If you find yourself in a dispute with another user of the Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. You release KitSplit from any claims, demands, and damages arising out of disputes with other users or parties
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO KITSPLIT, GEAR RENTED THROUGH KITSPLIT, OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “KITSPLIT PARTIES”) DO NOT WARRANT THAT KITSPLIT WILL BE ERROR-FREE OR THAT DEFECTS WITH KITSPLIT WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON KITSPLIT IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF KITSPLIT, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF KITSPLIT. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF KITSPLIT OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF KITSPLIT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF KITSPLIT AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US.
BECAUSE WE ARE NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE CONSUMMATION OF RENTALS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS.
WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER, RENTER, OR OTHER THIRD PARTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF KITSPLIT, ITS RENTAL LISTINGS, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SITE, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. THE KITSPLIT PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY RENTAL CONTRACT, FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF KITSPLIT, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF KITSPLIT OR FROM ITS RENTAL LISTINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT AND YOUR USE OF KITSPLIT, INCLUDING, BUT NOT LIMITED TO, FROM ITS RENTAL LISTINGS OR FROM THE USE OF OR INABILITY TO USE KITSPLIT OR IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER USERS OF KITSPLIT, EXCEED THE LOWER OF: (1) AMOUNTS YOU HAVE PAID OR OWE FOR YOUR RENTALS IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (2) $200. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the KitSplit Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from or relating to: (i) your use of and access to KitSplit; (ii) your violation of any term of this Agreement; (iii) any infringement or misappropriation of a third party’s intellectual property rights; (iv) your violation of any law, rule, or regulation, or the rights of any third party; or (v) any Rental or Rental Contract, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind.
This Agreement shall be governed by, subject to, and interpreted in accordance with the laws of the State of New York, and the federal laws of the United States, without regard to conflict of laws principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
Agreement to Arbitrate. While we do get involved in any legal dispute between Renters and Owners (as set forth above), we understand that it is possible that you may have a legal claim directly against us. While we hope that’s not the case, in the event that you do have a dispute with us, you agree to arbitrate any dispute with us arising from this Agreement or your use of KitSplit on an individual basis. That means you cannot sue us in court or have a trial by jury.
Format for Arbitration. In the case of a dispute, you agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery.
At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator will have the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL ALSO BE ENTITLED TO COSTS AND ATTORNEYS’ FEES AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.
Waiver of Class Action. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
If for any reason a claim proceeds in court rather than in arbitration, the parties agree that the claim will be brought exclusively in a federal court located in New York, New York. The parties expressly consent to this exclusive jurisdiction and waive any and all objections based on inconvenience of venue or jurisdiction. However, the parties may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose, where, for purposes of this section, the time that the injury or harm occurred – not when it was discovered thereafter – is where it arose; otherwise, your claim is permanently barred.
For the sake of clarity, please understand that nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, franchise, agency, joint venture, or formal business entity of any kind or create a fiduciary or similar relationship with us.
We reserve the right at any time to modify or discontinue KitSplit (or any part thereof), temporarily or permanently, with or without notice.
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing KitSplit in an unauthorized manner. You acknowledge that under this Agreement, by using KitSplit you are deemed to have received any and all notices that would have been delivered had you accessed KitSplit in an authorized manner.
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
If any provision or term of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or federal), such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
KitSplit is hosted in the United States. If you are a user accessing KitSplit from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from U.S. laws, please be advised that through your continued use of KitSplit, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
We welcome comments, questions, concerns, or suggestions. Please contact us at: email@example.com.
Effective Date: February 22, 2016.
We know that Terms can be long. Thanks for making it to the end!
KitSplit Short-Term Rental Insurance is a collaboration between two companies: KitSplit's broker partner(s), a full service brokerage firm specializing in entertainment insurance and KitSplit, Inc. (“we,” “our,” us”). KitSplit's broker partner(s) has teamed up with us to provide an affordable insurance option specifically for Renters on KitSplit who rent high value items.
Here’s how damage coverage works for rentals of equipment worth $10,000 or less:
The KitSplit Short-Term Rental Insurance is a collaboration between three companies. Here’s how it works for rentals worth $10,001 or more:
Occurrence exclusion: Voluntary parting or fraud damage in transit (during delivery or shipping), personal injury, job/income loss, business interruption, conversion, embezzlement or secretion, disappearance, dishonest or criminal acts, electrical damage, faulty workmanship, government action, intentional acts, mechanical breakdown or failure, nuclear activity, pollution, rain, sleet, snow, or hail, war, wear, tear, deterioration, or animals (more details in KitSplit's broker partner(s) policy that you will receive by email). IN NO EVENT WILL KITSPLIT BE LIABLE FOR, AND NO COVERAGE UNDER THIS POLICY WILL BE AVAILABLE FOR, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES.
NOTE: THERE IS NO COVERAGE OF VOLUNTARY PARTING OR FRAUD. We strongly recommend that owners purchase voluntary parting coverage.
Claims for damage to equipment worth $10,000 or less must be appropriately documented and reported to KitSplit within one hour of discovery. Undue delay will disqualify any claims from coverage. Report claims by filling out the form here. If you have questions you can also call (254)307-7548 or email firstname.lastname@example.org.
Claims for damage to equipment worth $10,001 or more must be appropriately documented and reported to KitSplit's broker partner(s).
Timing of Claims: Claims reported within one (1) hour following Pickup & Inspection are presumptively the responsibility of the owner for which no coverage will be available. In such events the renter may return the gear for a full refund and the owner will forfeit the rental payment.
Claims reported after one (1) hour following pickup & inspection are presumptively the responsibility of the renter for which the renter’s deposit will be charged and claims payout will be made to the owner.
In the event of a dispute concerning responsibility for any claim or the amount thereof, KitSplit and KitSplit's broker partner(s) will together in good faith evaluate available information and attempt to allocate responsibility and proceed accordingly. KitSplit and KitSplit's broker partner(s) take fraud very seriously; any suspicion of fraud will be reported to the authorities. Determinations will be final and will be based on KitSplit’s Terms of Service along with the respective terms of service and policies of KitSplit's broker partner(s).
We know that insurance can be complex. If you have any questions please contact us at: email@example.com.
Effective Date: March 31, 2016.