PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY ACCESSING THE SITE OR OTHERWISE USING THE SERVICES OF THE SITE AS A LESSOR OR LESSEE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.
PLEASE NOTE THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH SUN SHINE RENTAL CLUB ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.
Use of the Site and the Services is limited to Lessors that can lawfully enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not lease Items through the Site. Every Lessor who uses the Services hereby represents and warrants to Company that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.
A Lessor may list Items for lease on the Site during the term of this Agreement, subject to the following terms and conditions:
After an Item has been listed on the Site, Lessor cannot amend or make any changes to the listing without the consent of the Company. If a change is necessary, for any reason, you are required to notify Company promptly. Company reserves the right, in its sole discretion, to terminate the listing of the Item(s) based on the proposed change. In the event that the listing of the Item(s) is terminated, Lessor will be obligated to pay the Company the then applicable listing fee.
You warrant the authenticity and ownership of all Item(s) offered by you for lease on the site. Company reserves the right to terminate any transaction between you and a Lessee with respect to any Item(s) which it believes, in its sole discretion, is not authentic or where authenticity is substantially not as described in the listing. Company will have no liability to the Lessor or Lessee with respect to any transaction terminated by the Company.
As Lessor, you will accept an offer to lease an Item(s) at a certain price, and upon acceptance, such fee will be set at that agreed upon amount (“Lease Fee”). The Lease Fee is the amount you will be paid for the lease of the Item(s) minus a fee equal to 10% of Lease Fee in consideration of the Services provided on the Site (“Fee”).
You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Site as stated in our Rental Contract. The Site may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Site are non-refundable, except as may be expressly stated in the Rental Contract.
If you are a Lessor, you may set the Rental fee for your Equipment as permitted by The Site; provided, that you must list your Equipment for a nominal value (i.e., you cannot list your Equipment for free). When establishing your Account as a Lessor, you will be required to enter your banking information so payments can be processed to you through the payment gateway. The site will remit payment to you no later than seven (7) days after the Equipment is verified returned in satisfactory condition by the Lessor. The site reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending The Sunshine Rental Club's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information for certain Lessor’s whose annual payments will exceed a set dollar amount, or as otherwise required by applicable law. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Site. If you dispute any payment made hereunder, you must notify The Sunshine Rental Club in writing within fourteen (14) days of any such payment; failure to so notify The Sunshine Rental Club shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by The Sunshine Rental Club. No other measurements or statistics of any kind shall be accepted by The Sunshine Rental Club or have any effect under these Terms.
Once a Damage Claim is made, Lessee will be notified and given forty-eight (48) hours to respond. Once a response is received, Company will make a decision regarding whether any costs are due in its sole discretion. Thereafter, Company (via payment gateway) will collect any such costs by charging the credit card information provided by Lessee (“Payment Method”).
Company will use commercially reasonable efforts to address Lessors' requests and claims, but Company is not responsible for administering or accepting any Damage Claim by Lessors and disclaims any and all liability in this regard.
Lessor understands that the Company is acting solely as an intermediary in effecting the transaction between the Lessor and Lessee. Specifically, Lessor understands and agrees that the Company does not guarantee payment by the Lessee and that the fCompany will have no liability whatsoever in the event that payment by the Lessee is dishonored. Lessor will be solely responsible for taking all necessary legal action and for incurring all legal fees and costs that may be necessary to obtain payment from the Lessee in the event that the Lessee’s credit card payment is dishonored.
You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Site.
The Sunshine Rental Club may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability for any reason, including if in The Sunshine Rental Club's sole determination, you violate any provision of these Terms. The Sunshine Rental Club also retains the right to remove or suspend listings for any reason, including a violation or suspected violation of these Terms. All aspects of the Site are subject to change or elimination at The Sunshine Rental Club's sole discretion. The Sunshine Rental Club reserves the right to interrupt the Site with or without prior notice for any reason. You agree that The Sunshine Rental Club will not be liable to you for any interruption of the Site, delay or failure to perform.
You, the Lessor, grant to Company and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content listed, posted, displayed or otherwise submitted by you to the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. It shall be Lessor's sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where such rights are held by third parties.
Representations and Warranties Concerning Items
Each Lessor shall be deemed to make the following representations and warranties to Company upon the posting of any Items for lease on the Site:
Each Lessor is required to fully endorse and agree to the following listing guidelines regarding Items to be offered for lease on the Site:
VIOLATION OF ANY OF THE FOREGOING POLICIES AND GUIDELINES SET FORTH ABOVE MAY RESULT IN THE IMMEDIATE TERMINATION OF ANY LEASE BEING CONDUCTED BY A LESSOR ON A SITE, BY THE REMOVAL OF THE ITEMS FROM THE SITE AND/ OR THE IMMEDIATE TERMINATION OF THE LESSOR'S MASTER LESSOR AGREEMENT.
Use of the Site and the Services is limited to Lessees that can lawfully enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not search for, bid on or offer to lease Items through the Site. Every Lessee who uses the Services hereby represents and warrants to Company that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.
You may search for or offer to lease Items for lease on the Site during the term of this Agreement, subject to the following terms and conditions:
You, the Lessee, grant to Company and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content that you post to the Site (collectively, “Lessee Materials”) for all purposes, in any medium whatsoever. You agree that you will not seek and do not expect any compensation for Company's use of any such Lessee Materials.
There are no fees to browse or access the Site. However, if you identify an Item that you want to lease, or if you post a search for an item that you want to lease, you will be required provide your Payment Method and personally identifiable contact information to the Company’s payment processor, Stripe. If the Lessor accepts your offer to lease an Item, then Stripe will charge your Payment Method the Lease Fee, plus any noted taxes.
You understand that the Company is acting solely as an intermediary in effecting the transaction between the Lessor and Lessee. Specifically, you understand and agrees that the Company does not guarantee your payment to the Lessor and that the Company will have no liability whatsoever in the event that your payment is dishonored. Lessor will be solely responsible for taking all necessary legal action and for incurring all necessary legal fees and costs that may be necessary to obtain payment from you in the event that your credit card payment is dishonored.
As Lessee, you are responsible for returning the Item(s) in the condition it was in when received. You acknowledge and agree that, as Lessee, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you let use the Item(s).
In the event the Lessor makes a valid Damages Claim or Lessee fails to return the Item(s) by the due date, you agree that Lessor shall be paid for the value of the item or a portion thereof (depending on the Damage Claim).
If a Lessor makes a Damage Claim for an Item(s), Lessee will be notified and given forty-eight (48) hours to respond. Thereafter, if due, based on Company’s sole discretion, Company (via Stripe) will collect any such costs against the Security Deposit by charging the Payment Method provided.
Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license (“License”) to access and use the Site only for your personal or internal business use as set forth in this Agreement.
By using the Site, you agree not to do any of the following:
You represent and warrant that you have all necessary third-party software or other licenses, through which you may be accessing the Site.
You acknowledge and agree that Company and its licensors own, control and shall retain all right, title, and interest in and to the Site, including but not limited to all associated algorithms, data structures, techniques, concepts, technology, report formats, and screen formats, as well all related patents, trademarks, copyrights, trade secrets, and other intellectual property rights. Nothing contained in this Agreement shall be construed directly or indirectly to assign or grant to you any right, title, or interest in or to trademarks, copyrights, patents, or trade secrets of Company or its licensors, or any ownership rights in or to the Site. Company reserves all rights not expressly granted to you in this Agreement.
THE SITE AND SERVICE IS PROVIDED “AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE DAMAGES RESULTING FROM ANY GOODS OR SERVICES SOLD, LEASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE COMPANY DOES NOT GUARANTEE OR REPRESENT IN ANY MANNER THAT THE SITE OR SERVICE WILL OPERATE ERROR- FREE OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED.
BOTH LESSOR AND LESSEE AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY ITEMS LEASED BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS.
BECAUSE COMPANY IS NOT THE LESSOR IN TRANSACTIONS BETWEEN LESSEES AND LESSORS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF LESSOR AND LESSEE RELEASE COMPANY (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY COMPANY.
Company reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. Changes to this Agreement may be posted on the Site without notice to you.
YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING THE COMPANY’S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A LESSEE.
All informal communication between the parties will be via email to the extent feasible.
Company reserves the right, in its sole discretion, to terminate this Agreement or to suspend use of the Site and/or Service to you at any time without notice or explanation if the Company has reason to believe that you have violated the terms and conditions of this Agreement. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if Company believes that your actions may cause legal liability for Company or any Site users.
Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings.
The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; Confidentiality Disputes, and Miscellaneous.
By virtue of this Agreement, You and the Company may have access to information that is confidential to one another (“Confidential information”). “Confidential Information” will include, without limitation, (i) the Site, its functionality, and any other material provided by Company that is marked “confidential” or that would reasonably be recognized as confidential; and (ii) your personal information or data, if any, residing on the Company’s servers.
Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
You and the Company agree to hold each other’s Confidential Information in confidence for a period of three years from the date of disclosure. Also, each party agrees to disclose Confidential Information only to those employees or agents who are required to protect it against unauthorized disclosure in a manner no less protective than under this Agreement. The Company will protect the confidentiality of your personal data residing on the Company’s servers in accordance with the security practices that the Company uses to protect its own Confidential Information.
As permitted by applicable law, Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Company's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, Company's business and systems or other purposes deemed reasonable by Company, Company may access and disclose any information it considers necessary or appropriate, including, without limitation, Lessor and/or Lessee contact details, IP addresses and traffic information, usage history and posted content.
Because Company is not a party to the transaction between a Lessor and Lessee conducted through the Site and is not the agent of either for any purpose, Company does not have the duty to resolve, and will not be involved, in resolving any disputes between Lessor or Lessee related to or arising out of any transaction conducted through the Site. Company has no control over and does not guarantee the quality, safety or legality of Items offered for lease through the Site, the truth or accuracy of listings, the ability of Lessors to lease items, the ability of Lessees to pay for items, or that a Lessee or Lessor will actually complete a transaction. No statement by any Lessor regarding condition, kind, value or quality of a lot shall be construed to be an expressed or implied warranty, representation or assumption of the liability by Company.
It is the Company’s policy to allow Lessors and Lessees the opportunity to settle differences directly. Company reserves the right, but has no obligation, to investigate either a Lessor's or a Lessee's complaint with respect to any Item of Items offered for lease through the Site. You agree to cooperate with any investigation that Company may conduct in response to a claim, and to provide Company with any documentation in your possession or control.
The laws of the State of Florida govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN ORLANDO, FLORIDA AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR COMPANY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY, FLORIDA IF NECESSARY TO PROTECT THE RIGHTS OR ITEMS OF YOU OR COMPANY PENDING THE COMPLETION OF ARBITRATION, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT.
If any one or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
You shall not assign this Agreement to another entity or person without the prior written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.
You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement, and agree not to represent to third parties that you are an agent, partner, joint venturer or employee of Company or any of Company's affiliated entities.
This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
Company's failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of Company's right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein).
Both Lessors and Lessee agree to cooperate with and assist Company in good faith, and to provide Company with such information and take such actions as may be reasonably requested by Company, in connection with any Damage Claims or with respect to any investigation undertaken by Company or a representative of Company regarding use or abuse of the Site or the Services.
Please contact us with any questions regarding this Agreement.
MADE WITH ❤ BY COMMONEDGE