Powersport Share Terms of Service
Last updated: July 28, 2025
1. Use of Powersport Share’s Platform
Welcome to Powersport Share! By accessing this website, technology, software platform, features, services, and/or mobile application (collectively, the “Platform”) owned and developed by Powersport Share, LLC d/b/a Powersport Share (“Powersport Share”), you (“User”, “you”, “your”) acknowledge that you have read and agree to the following terms and conditions for using the Platform (“Terms of Service”). The Terms of Service incorporate the Powersport Share Privacy Policy, which can be found at this link: Powersport Share Privacy Policy.
If you do not agree to these Terms of Service, you are not permitted to use or access the Platform. PLEASE READ THESE TERMS OF SERVICE CAREFULLY – these terms contain important information about limitations of liability, warranty disclaimers, and resolution of disputes through arbitration. Powersport Share may revise and amend these Terms of Service from time to time and without providing you notice. By continuing to use the Platform, to agree to accept any changes to the Terms of Service.
2. Definitions
In addition to other terms defined in these Terms of Service, the following definitions apply:
“Applicable Law” means any federal, state, local, or tribal laws, rules, ordinances, or regulations applicable to use of the Platform, ownership, repair, maintenance, rental, and use of Power Sport Equipment (including but not limited to licensure, permits, registrations, and Taxes), use and posting of Content, and any other law related to or implicating these Terms of Service.
“Content” means text, graphics, images, music, software (excluding the Company mobile application), audio, video, communications, information and any other content or materials displayed on or through the Platform.
“Listing” means Power Sport Equipment listed by an Owner as available for rent to a Renter.
“Owner” means a Person that creates a Listing on the Platform.
“Person” means an individual, corporation, company, association, or partnership.
“Power Sport Equipment” means any recreational vehicle posted by an Owner in a Listing on the Platform, and may include golf carts, “ski-doos”, boats, snowmobiles, electric bicycles, motorcycles, motor scooters, ATVs, and UTVs. The term "Power Sport Equipment" includes any equipment provided by an Owner to a Renter for transporting the Power Sport Equipment, including, but not limited to, trailers, towing equipment, ramps, and tie-downs used to safely secure equipment for transport including, but not limited to, straps, chains, harnesses, or rope.
“Renter” means a Person that requests to book and use Power Sport Equipment through the Platform and is not the Owner of the Power Sport Equipment.
“Rental Agreement” means any agreement between Owners and Renters containing other terms and conditions and rules and restrictions that may also apply to a Renter’s booking, rental, use and return of Power Sport Equipment.
“Services” means Powersport Share’s provision of the Platform to Users, and any ancillary services provided to Users, to facilitate the connection of Owners and Renters to rent Power Sport Equipment.
“Tax” or “Taxes” means any sales taxes, use taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
“User” means any Person visiting and using the Platform. The term “User” includes Owners and Renters.
3. License to Use Powersport Share’s Platform
Powersport Share grants to you a nonexclusive, nontransferable, limited, revocable license, without right to sublicense, to use the Platform. To obtain access to the Platform as an Owner or Renter, you will complete a user registration and create an account, and you are responsible for maintaining the confidentiality of any account information including, but not limited to, usernames, logins and passwords, and for restricting access to any computers with access to such information.
Powersport Share may, without notice to you, suspend or cancel any Listing, booking, or license to use the Platform if Powersport Share suspects that your account is used in an unauthorized, illegal, or fraudulent manner.
4. Access and Use of the Platform
4.1. In General
You must maintain at your own expense hardware and internet access sufficient to exercise access to the Platform. Powersport Share shall be entitled to update the Platform from time to time, in its sole discretion, and you shall be solely responsible for maintaining your system's compatibility with the Platform for continued use. You shall remain solely responsible for your use of the Platform and all interactions with other Users on the Platform. You expressly acknowledge that Powersport Share is not a party to any rental transaction, and shall not be responsible or liable for performance by either party related to the use and renal of any Power Sport Equipment, and Powersport Share makes no representations or warranties of any kind related thereto. Powersport Share does not endorse or otherwise guarantee the reputation, competence, credibility or reliability of any User.
4.2. Account Registration
4.2.1. Account Creation.
You may search and review Listings as an unregistered User, but in order to either create a Listing as an Owner, or rent Power Sport Equipment as a Renter, you must complete a user registration and create an account as provided on the Platform. You are responsible for any and all activity that occurs under your account(s) and any and all use occurring through your account(s) shall be deemed to be used by you. You shall not transfer your account to or share your account with any other Person and shall not use any other User’s account information, passwords, or logins. If you become aware of any security risk to your account, security breach of your computing systems, or any other occurrence that creates a security risk relative to the Platform, you should immediately change the password associated with your account. If your become aware of any unauthorized use of your account or any related security breach, you must immediately notify Powersport Share.
You may create an account through your existing accounts with third-parties such as Facebook or Google. However, your relationship with such existing third-party accounts is governed solely by the terms and conditions with such third-parties.
4.2.2. Verification Through Stripe
In creating an account, you will need to verify your identity through a third-party, Stripe. Via Stripe, Users will be asked to provide photo identification and their driver’s license, and may be required to complete Stripe’s identify verification test in order to create and/or maintain an account. Any information provided to Stripe will be stored and processed in accordance with Stripe’s Terms of Servies and Privacy Policy Link these.
4.2.3. Disclaimer of Confirmation of User Identify.
Powersport Share does not confirm any User’s purported identify other information provided by any User. It is your sole responsibility to determine the identify and suitability of other Users with whom you interact on the Platform. Except as provided in these Terms of Service, Powersport Share is not responsibility for any damage or harm resulting from your interactions with any User or other party through the website or the Services. Users must exercise due diligence and care when deciding whether to rent Power Sport Equipment from an Owner, or to accept a booking request from a Renter, or to have any other interaction with any User or other party.
4.3. Authority to Act
You represent and warrant that you have the authority to act on behalf of yourself in relation to your use of the Platform, including: (1) creating Listings; (2) reserving the use of Power Sport Equipment; (3) authorizing payment for Services and for the use of Power Sport Equipment pursuant to these Terms of Service; and (4) creating any Content or account on the Platform.
4.4. Service Delays
If the performance of Services is prevented or delayed for any reason, Powersport Share shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any losses, costs, or other damages sustained or incurred by any User, to the extent arising directly or indirectly from such prevention or delay.
4.5. Restrictions
In using the Platform, you may not:
- Upload or transmit false, inaccurate, fraudulent, misleading, defamatory, libelous, threatening, abusive, obscene, vulgar, sexually explicit, pornographic or profane, or otherwise unlawful information or Content through the Platform;
- Impersonate any Person, or misrepresent information about yourself or your authority to act on behalf of any Person;
- Hack or otherwise attempt to gain unauthorized access to the Platform, Powersport Share computer systems, or the computer systems of other Users;
- Except as otherwise permitted, copy, reproduce, post, display, distribute,transmit reverse engineer, or prepare derivative works from the Platform;
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party;
- Except as explicitly permitted in accordance with Applicable Law or as agreed to by the ultimate recipient or User, distribute or transmit bulk electronic communications, "spam," or other unsolicited communications through the Platform. For clarity, you are not licensed or permitted to add any User, including any User who has rented Power Sport Equipment from you or to you, to you mailing or calling list without the User’s express consent;
- Distribute viruses or other harmful or malicious technologies through the Platform;
- Use any automated means to access the Platform or collect any information from the Platform;
- Use the Platform in any way the violates Applicable Law or interferes with any third party’s use of the Platform; or
- Without Powersport Share’s prior written permission, engage in “data scraping,” “data mining” or any other similar data collection and aggregation, or otherwise attempt to collect Content or information stored on the Platform.
4.6. Termination
4.6.1. Termination by Powersport Share -
Powersport Share may, in its sole discretion and without prior notice, terminate any User’s right to use the Platform. Powersport may terminate a User’s right to use the Platform for any reason, including but not limited to: submitting unsuitable Content to the Platform, failure to comply with Applicable Law, misuse of the Platform, complaints by other Users, inaccurate Listings, loss or damage to Powersport Equipment, and breach of any term or provision contained in these Terms of Service.
4.6.2. Termination by User –
You may terminate these Terms of Service by either discontinuing use of the Platform or by deleting your account.
4.7. Additional Offers
Powersport Share may extend to you special content, services, program, or offers (“Additional Offers”), which may require acceptance of difference, separate or additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions posted any Additional Offer, the Additional Offer terms and conditions will take precedence with respect to your use of or access to that Additional Offer.
4.8. User Representations
You represent that you are at least twenty-one years of age. Any account creation by any User under 21 years of age is unauthorized and will result in termination of the account. You represent that no materials you share or submit on the Platform will violate or infringe on the rights of any third party, including any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material.
4.9. Compliance with Legal Requests
Consistent with the Privacy Policy, Powersport Share may release Content generated by you and information related to your use of the Platform if required by law or subpoena, or if the information is necessary to address an unlawful or harmful activity.
4.10. Compliance with Laws
Users shall comply with all Applicable Law related to or arising out of these Terms of Service.
5. Platform Content
5.1. Listings
An Owner may create a Listing via the Owner’s account. Owner represents and warrants that the information provided in the Listing is accurate, that the photos contained in the Listing are actual photos of the Power Sport Equipment being advertised for rent, and that Owner is not misrepresenting the Power Sport Equipment in any way. Owner further represents and warrants that any Listing posted and the rental and use of Owner’s Power Sport Equipment by a Renter: (1) will not breach any agreements such Owner entered into with any third parties, and (2) will (a) be in compliance with all Applicable Law, Tax requirements, and rules and regulations that may apply to any Power Sport Equipment included in a Listing posted by such Owner (including having all required permits, licenses and registrations); and (b) not conflict with the rights of third parties.
*Powersport Share does not currently charge fees for the creation of Listing. However, Powersport Share may, in its sole discretion, charge you for the creation of Listings, or other Platform features. In such event, Powersport Share will provide you notice of any additional or new fees via the Platform.
5.2. Disclaimer of Listing Accuracy
Powersport Share disclaims any responsibility for the accuracy of the information provided by an Owner in a Listing, or any other Content provided or posted by any User on the Platform, and disclaims any liability related to the accuracy of Listings. However, Powersport Share may (but is not obligated to) edit or revise any Content in a Listing suspend, or delete any listing, if Powersport Share believes or suspects that any Listing Content is inaccurate, inappropriate, or misrepresents the Power Sport Equipment.
5.3. Restrictions on Substitutions
When a Listing is posted on the Platform, the Power Sport Equipment in the Listing is permanently connected to that Listing. Power Sport Equipment details and descriptions must not be substituted for another piece of Power Sport Equipment, and substitute Power Sport Equipment may not be provided to a Renter without advance notice to Powersport Share and the Renter. If a new piece of Power Sport Equipment is added to an Owner’s account, it must be set up as a new Listing. The replacement of Power Sport Equipment on an existing Listing is a material breach of these Terms of Service and may result in account termination and refunds due to the Renter.
5.4. Rental Agreements
In addition to these Terms of Service, an Owner may provide you with a Rental Agreement before you make a booking, in which case you must accept the Rental Agreement of the Owner of Power Sport Equipment you select. If you violate an Owner’s Rental Agreement, your booking may be cancelled and you may be denied further access to the Power Sport Equipment, along with any other remedies available to the Owner via the Rental Agreement. Rental Agreements are only between an Owner and a Renter; Powersport Share is not a party to any Rental Agreement. A Rental agreement may: (1) apply to your booking of Power Sport Equipment; (2) will govern your right to use the Power Sport Equipment; and (3) may limit or exclude an Owner’s liability.
You should read any Rental Agreement before booking any Power Sport Equipment. You acknowledge and agree that: (1) the Owner and the Renter are responsible for performing the obligations of any Rental Agreement between them; (2) Powersport Share are not, and will not become, a party to any contractual relationship between an Owner and a Renter; (3) Owners are not our service providers, lessees, agents, or partners; and (4) Users are responsible for complying with all Applicable Law related to the Listing, rental, and use of Power Sport Equipment.
Any form Rental Agreement that may be provided by Powersport Share to any User is provided solely as a basic template and is not to be considered legal advice, representation, and may not be considered as a form agreement prepared for either an Owner or Renter on behalf of Power Sport Share. Users may use any form Rental Agreement at their own risk and responsibility.
If there is any conflict between the terms of a Rental Agreement and these Terms of Service, these Terms of Service shall govern as between the Owner and Renter.
5.5. Communications
By using the Platform, you and other Users may communicate through the Platform’s messaging system(s) or other methods (including via phone or text messaging). By using the Platform, you consent to receive notifications and other messages through the Platform. By providing your phone number and/or email address, you consent to receiving text messages and emails until you opt out. Although Powersport Share may facilitate the communication between you and other Users, we are not liable for any communication to you from any other user in violation of any Applicable Law.
You also agree to receive, from time to time, promotional messages and materials from Powersport Share. You may opt out of receiving these messages.
5.6. Complaints
Powersport Share may – but is under no obligation – investigate any complaints made by Users related to Listings, rental practices, condition of Power Sport Equipment, and use of Power Sport Equipment by other Users. In its sole discretion, Powersport Share may suspend, revise, or terminate Listings, or terminate a User’s right to use the Platform.
6. Powersport Share is Not an Owner or Renter of Power Sport Equipment
Powersport Share is not a party to any Rental Agreement between Owners and Renters, and is not an Owner or Renter of Power Sport Equipment. Powersport Share only facilitates the rental of Power Sport Equipment. Powersport Share does not endorse any Owners, Renters, or Power Sport Equipment, and does not have control over the conduct of Owners or Renters. Users act on their own behalf and at their own risk.
7. Third Party Integrations
7.1. In General
Through the Platform, various integrations and portal accounts may be made available or required with third-party companies. Each third-party integration is unique and will function and/or operate in ways unique to the methods, processes, and approaches of that third party. Powersport Share makes no representations or warranties related to the details, operations, functions, performance, legal compliance or quality of any third-party integrations. Further, Powersport Share makes no representations, warranties, endorsements, references, or recommendations related to the third-parties or their services, products, performance, function, fitness for purposes or otherwise, with whom Powersport Share may integrate. Services provided by other third-party companies integrated to the Platform are not Powersport Share’s Services or products. You are solely responsible for vetting any third-party companies, their services, products, functions, fitness for a particular purpose, quality, warranties, data privacy practices, compliance with Applicable Law, or other terms and conditions. Powersport Share makes no representations or warranties relating to the existence or maintenance of any integrations with third parties. You understand that integrations with third parties and work performed with various third-party companies is not within Powersport Share’s control and you agree that Powersport Share will not be liable for any costs, delays, losses, or other damages you may have relating to any use of third-party integration to the Platform.
As of the Late Update of these Terms of Service, third-party integrations include:
- Stripe
- Google Maps
7.2. Google Maps and Geolocation Tracking
Listings, User accounts, and location of Power Sport Equipment may be tracked by Google Maps or other third-party location tracking systems.
Google Maps Terms of Use can be found at the following link: Google Maps Terms of Use
Google Maps Legal Notices can be found at the following link: Google Maps Legal Notices
In the event Power Sport Equipment is equipped with global positioning systems (“GPS”) or other location tracking technology, privacy is not guaranteed by Powersport Share. Accordingly, Users agree to inform all operators and passengers of Power Sport Equipment of such GPS systems and obtain any consents required by Applicable Law.
7.3. Payment Processing Through Stripe
Payment of fees related to the Services and other fees related to the booking of Power Sport Equipment is processed through third-party processing provider, Stripe. You must have a Stripe account in order to create Listings and book Power Sport Equipment reservations. As part of the account creation process, Users will be prompted to post a valid credit card. Powersport Share is a “Partner Application” as defined in the Stripe Terms of Service, and any limitations imposed by Stripe’s Terms of Service for Partner Applications also apply to the Services. Your use of Stripe or the Stripe API is governed by your agreement with Stripe and subject to Stripe’s Privacy Policy. Powersport Share does not have access to information or data submitted to Stripe and does not have any control over the use of such information or data.
Because all payments and monetary transactions via use of the Platform are handled and processed by Stripe, Powersport Share is not liable for any payments or monetary transactions through your use of Stripe for any reason.
You are responsible for all transactions related to the Services and the Platform that are processed through Stripe. If you process a transaction through Stripe, you are responsible for verifying that the transaction was successfully processed, and communicate with Stripe regarding any processing issues. Because the Stripe API may be subject to change and such changes may adversely affect the Services, you will not hold Powersport Share liable for any adverse effects related to the Stripe API may cause to your account or reservations.
8. Booking Process
When a Renter requests to book Power Sport Equipment, a booking request is sent directly to the Owner, who has 48 hours to confirm or deny the booking request. As prompted by the Platform, Renter will designate desired pick-up and drop-off times for the Power Sport Equipment and will provide information about the intended use of the Power Sport Equipment, including the intended location of use. Owner and Renter will communicate directly on the Platform regarding additional questions and details. Owner will set all Power Sport Equipment rental pricing. All payments by Renters to Owners are via credit card When an Owner confirms a booking requested by a Renter, Powersport Share will send the Owner an email, text message, and/or message via the Platform to prompt confirming the booking, as prompted on the Platform.
Payment for any confirmed booking will be processed by Stripe, in full, between 2-7 days prior to the start of the designated rental period, as determined between Owner and Renter. If a Renter fails to check-in, Powersport Share will automatically check them in and permit Stripe to charge the Renter’s credit card on file 48 hours prior to the start of the rental period.
9. Appointment of Powersport Share as Limited Payment Collection Agent for Owners
To facilitate payment for the booking of Power Sport Equipment and any other fees detailed herein, Owners appoint Company as the Owner’s limited agent solely for the purpose of collecting payments made by Renters related to the booking of Power Sport Equipment. Each Owner agrees that payment made by a Renter to an Owner through Powersport Share shall be considered the same as a payment made directly to the Owner, and the Owner will make the Power Sport Equipment available to Renter in the agreed upon manner as if the Owner had received payment directly from the Renter. Each Owner agrees that Company may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing: (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the payment specified in the applicable cancellation policy.
Users understand and recognize Powersport Share as the limited payment collection agent and agrees that Powersport Share controls the dispersal of all funds in accordance with these Terms of Service – but not the Rental Agreement – and the cancellation policy chosen by Owner. In accepting appointment as the limited payment collection agent of the Owner, Company assumes no liability for any acts or omissions of any User.
10. Operators of Power Sport Equipment; Transportation and Return of Power Sport Equipment; Violations
10.1. Operators
Renters are responsible for confirming, adding, or receiving Owner approval for any operator of Power Sport Equipment. Renter is responsible for any injuries or damages related to any unlisted, declined, or unregistered Power Sport Equipment operators.
10.2. Transportation/Towing
If you are towing Power Sport Equipment, you represent and warrant that (1) the towing vehicle that you use has the towing capacity and applicable brake connector to tow the Power Sport Equipment; (2) the Power Sport Equipment will be properly loaded and placed for safe operation; and (3) you will use safety chains, cables, locking devices and other similar devices meeting the requirements of Applicable Law and to safely secure the Power Sport Equipment.
10.3. Return; Repossession
Renters must return Power Sport Equipment to the place of pick up or other location specified by the Owner, on the date and time due and in the same condition that you received it, except for ordinary wear. If you wish to extend the rental period, you must do so by booking a rental extension through the Platform. If the Power Sport Equipment is returned after the date and time due, you remain responsible for the loss of and any damage to the Power Sport Equipment until the Owner inspects it, and any charges late charges assessed by the Rental Agreement.
Service, repair, or maintenance of the Power Sport Equipment or replacement of any parts or accessories must have the Owner’s prior written approval. You must check and maintain all fluid levels (including fuel and oil) and return the Power Sport Equipment with at least the same amount of fuel as when received. Owner may repossess Power Sports Equipment at your expense, without notice to you, if the Power Sport Equipment is abandoned or used in violation of Applicable Law or these Terms of Service. All Users agree to indemnity, defend, and hold Powersport Share harmless from all claims, liability, costs, and attorneys’ fees resulting from repossession of the Power Sport Equipment
10.4. Fines, Citations, and Penalties
Renters are responsible for any citations, fees, or penalties (each, a” Violation”) assessed against the Renter, Owner, or Powersport Share resulting from Renter’s use of the Equipment – but not including any violation of Applicable Law related to an Owner’s legal responsibilities (e.g., registration). If you incur a Violation related to your use of Power Sport Equipment, you authorize the Owner or Powersport Share to charge any Violation amounts assessed to the Owner or Powersport Share to your credit card.
11. Insurance
Users are solely responsible for obtaining insurance coverage sufficient to protect loss or damage to their Power Sport Equipment, use of Power Sport Equipment, and any personal injury or death resulting from or arising out of use of the Power Sport Equipment. Users agree to provide Powersport Share with copies of relevant proof of insurance coverage, upon request.
Powersport Share does not maintain insurance coverage intended to cover loss or damage to any Power Sport Equipment or any personal injury or death resulting from use of Power Sport Equipment.
12. Renter Fees
In addition to the fees negotiated between an Owner and Renter for booking and use of Power Sport Equipment, Renters may be charged the additional post-rental fees detailed in this section or elsewhere in these Terms of Service. These fees may be adjusted, and new fees added, from time-to-time without notice to you.
12.1. Administrative Fee
Powersport Share shall charge Renter an Administrative Fee of twenty percent (20%) on any charges listed by the Owner on the return form (identified as overages, charges, damages) and any fees set forth in this section.
12.2. Late Fee
If Renter returns the Power Sport Equipment after the agreed rental period end time, Renter will be charged a late fee. There is a one (1)-hour grace period with each rental, but thereafter Renter will be charged 1.5 times the daily rental fee for each day or partial day the Power Sport Equipment is not returned.
12.3. Cleaning Fee
Powersport Share and Users acknowledge that Power Sport Equipment gets dirty when used. So, Returning Power Sport Equipment with a normal amount of dirt or mud is acceptable and will not result in any additional charges. However, if Power Sport Equipment is returned covered in mud and debris, Owner may charge Renter an additional cleaning fee of up to $100.
12.4. No-Show Fee
If Owner does not make the Power Sport Equipment available to the Renter at the agreed upon rental start time, Company will treat this as an Owner cancellation. If Renter does not pick up the Power Sport Equipment at the agreed upon rental start time, it will be treated as a Renter cancellation and subject to the cancellation policy.
12.5. Refueling Fee
Renter must return the Power Sport Equipment with a full tank of fuel. Renter will be charged a $100 refueling fee if it is not returned with a full tank of fuel.
13. Cancellations and Refunds
Renter is required to agree to the cancellation policy selected by Owner. Any Renter who wishes to cancel a booking must submit a cancellation request through the Powersport Share platform.
- No charges will be made to the Credit Card on file if cancellation is made thirty-one (31) days or more in advance of the rental.
- Fifty percent (50%) of the rental cost will be charged to the Credit Card on file if cancellation is made between eight (8) and thirty (30) days prior to the rental.
- One hundred percent (100%) of the rental cost will be charged to the Credit Card on file if cancellation is made seven (7) days or less prior to the rental.
- Full payment will be charged to the Credit Card on file at check in. There will be no refunds on any and all cancellations past check in.
If Owner cancels a confirmed booking:
- Ten percent (10%) of the rental cost will be charged to the Owner's Credit Card on file if cancellation is made thirty-one (31) days or more in advance of the rental.
- Twenty-five percent (25%) of the rental cost will be charged to the Owner’s Credit Card on file if cancellation is made between eight (8) and thirty (30) days prior to the rental.
- Fifty percent (50%) of the rental cost will be charged to the Owner’s Credit Card on file if cancellation if made seven (7) days or less prior to the rental.
- Renter will receive a credit to their account if a confirmed rental is cancelled by Owner in the amount of the applicable cancellation fee as set forth above, less the twenty percent (20%) Administrative Fee.
- The minimum cancellation charge is $50. In order to receive any type of refund, cancellations must be made by 11:59pm PST on the day set forth in the cancellation policy.
U.S. military service members are eligible to receive a full refund regardless of the cancellation policy if their cancellation is due to an active deployment or other military-issued order (Company reserves the right to ask for supporting documentation). From time to time, at Company’s sole discretion, Company may offer refunds outside of the cancellation policy.
If there is a dispute concerning the cancellation policy or any refunds, Powersport Share must be contacted at least twenty-four (24) hours prior to the rental start date.
14. Chargebacks and Declined Credit Cards
In the event that a Renter initiates a chargeback with their credit card company related to a rental, Powersport Share will inform the Owner that a chargeback has been initiated. If Powersport Share determines the chargeback is not warranted, Powersport Share and/or Stripe may use commercially reasonable efforts to dispute the validity of the chargeback on the Owner’s behalf. If a Renter’s credit card is declined at check-in, Renter will have the opportunity to add an alternative payment method, and Renter will remain liable for all fees.
Owner agrees to cooperate with Powersport Share and to provide any information that may be reasonably requested by Powersport Share in its investigation of any chargeback. If you are an Owner, you authorize Powersport Share to share information about a chargeback or declined card with the Renter, the Renter’s financial institution, and Owner’s financial institution in order to investigate or mediate a chargeback or declined payment. In the event that a chargeback dispute is lost, and funds are debited from Powersport Share’s account, Owner authorizes Powersport Share to, without notice, recapture such amount from Owner’s bank account or to withhold such amount from any payment due to Owner at that time or in the future. Owner acknowledges that chargeback decisions are made by the applicable issuing bank, card networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, Card Networks, or NACHA. Powersport Share will make reasonable attempts to collect owed funds from Renter; however, Powersport Share is not responsible to Owner for any chargebacks or declined charges. Owner may take legal action directly against Renter as permitted by any Rental Agreement.
15. Powersport Share’s Fees
In consideration for the Servies, you agree to pay the fees, charges, and other amounts charged by Powersport Share on the Platform. Payment for Services will be paid via credit card directly to Powersport Share.
Powersport Share collects twenty percent (20%) of the total charges on any transactions, including all fees. Powersport Share will retain twenty percent (20%) of the transactions as the Administration Fees, and Owner will receive eighty percent (80%) of the transaction.
Powersport Share reserves the right to increase fees at any time without notice to Party. In the event of nonpayment or late payment, Powersport Share reserves the right to suspend Services until the full amount due is paid in full. Delinquent amounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees. You will continue to be charged for amounts owed hereunder during any period of payment delinquency. Further, and without limiting any other rights or remedies available to Company hereunder or under Applicable Law, in the case of any payment default, Powersport Share may suspend Services or remove or delete any of your Content, including your account, or other data that may be stored or maintained by you on the Platform. Suspension of Services or removal of your Content or data does not relieve you of your obligation to pay any outstanding charges assessed to your account.
16. Damage to Power Sport Equipment
16.1. Renter Liability
Renter is solely responsible for the condition of the Power Sport Equipment while in possession of Renter. Consistent with the terms of any Rental Agreement, Renter will be held liable for any damage to the Power Sport Equipment during Renter’s possession of the Power Sport Equipment.
Nothing herein is intended to prevent an Owner from pursuing damages from a Renter directly, consistent with any Rental Agreement between Owner and Renter.
16.2. Documentation of Condition of Power Sport Equipment
Users are responsible for documenting the condition of the Power Sport Equipment prior to and after the Renter’s use of the Power Sport Equipment. Users should, and may be required to, take photographs of the Power Sport Equipment prior to and after rental.
16.3. Claims Process
If Power Sport Equipment is returned to an Owner with damages, the Owner has forty-eight (48) hours to open a claim with Powersport Share. Up to One Thousand Two Hundred Dollars ($1,200.00) may be charged to Renter’s credit card on file for damage fees, not including a twenty percent (20%) administrative fee charged by Powersport Share. During the claim process, Users must work with Powersport Share to provide proof of damages, documents showing the cost of the repair to the vehicle, etc. Powersport Share may adjudicate claims, subject to the terms and conditions of any Rental Agreement. Nothing herein is intended to limit or prevent an Owner from pursuing damages to Power Sport Equipment from a Renter directly.
16.4. Dispute Facilitation
All Users agree to assist Powersport Share and any third-party administrator in the investigation and settlement of disputes between Users, if such services are offered to Users.
17. Taxes
Users are responsible for payment of all Taxes related to the booking, rental, and use of Power Sport Equipment pursuant to Applicable Law. To the extent required by Applicable Law, Powersport Share may be required to collect and remit certain Taxes on behalf of Owners, in which case Powersport Share will provide notification to Owners of such responsibility. Otherwise, Powersport Share is not responsible for generating any Tax documents for any User.
18. Data Privacy and Processing
In providing the Services, Powersport Share may use, retain, or have access to Content or other User data which may be protected by Applicable Law. Accordingly, in connection with the provision of Services, Powersport Share shall comply with the terms and conditions set forth in Powersport Share’s Privacy Policy, which may be amended by Powersport Share at any time and within Powersport Share’s sole discretion.
19. Intellectual Property Rights
All rights in and to Platform (including but not limited to any images, photographs, software code, programs, applications and "applets", and any other material incorporated into the Platform) and all Content are owned by or licensed to Powersport Share.
By uploading or otherwise using the Platform and uploading or generating any Content, you grant Powersport share an irrevocable, non-exclusive, transferable license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution any data or information you upload to the Platform. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases necessary to grant Powersport Share the rights in such Content, and that posting any such Content on the Platform will infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret or other proprietary or intellectual property rights, or violate Applicable Law.
20. Reservation of Rights; Use of Marks
Powersport Share reserves all rights in the Platform and any Content not specifically granted or licensed to a User. All right, title and interest in the Platform and Content generated by Powersport Share, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Powersport Share (or third-party suppliers, if applicable) and that the Platform and Content provided by Powersport Share are licensed and not “sold” to any User. Names, logos, and other materials displayed on the Platform constitute trademarks, trade names, service marks or logos (“marks”) of Powersport Share other entities. No User is authorized to use any such marks without prior written consent.
21. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD POWERSPORT SHARE (INCLUDING ANY AFFILIATES, OWNERS, AND EMPLOYEES) HARMLESS FROM AND DEFEND THEM AGAINST ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSE (INCLUDING REASOANBLE ATTORNEYS' FEES) ARISING DUE TO, OR ARISING OUT OF OR IN CONNECTION WITH, YOUR USE OF THE PLATFORM. THIS OBLIGATION AND ANY OTHER INDEMNIFICATION OBLIGATION SET FORTH IN THESE TERMS WILL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE AND/OR YOURUSE OF THE PLATFORM. POWERSPORT SHARE RESERVES THE RIGHT, AT ITS EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT POWERSPORT SHARE’S WRITTEN CONSENT.
22. LIMITATIONS OF LIABILTY
22.1. In General
To the maximum extent permitted by Applicable Law, Powersport Share accepts no liability for:
- Any Listing,
- Any Content provided or posted by Users,
- Any booking of Power Sport Equipment,
- Use of Power Sport Equipment,
- Payment for use Power Sport Equipment and any related fees,
- Theft, damage, loss, or destruction to Power Sport Equipment,
- Any personal injury or death related to the use of Power Sport Equipment,
- Any personal injury, death, or other damages related to any in-person or online interaction between Users or any Person associated with a User; or
- Any acts, errors, omissions, representations, warranties, or negligence of any User.
IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST POWERSPORT SHARE, ANY THIRD-PARTY PROVIDER, OR ANY USER WITH RESPECT TO THESE TERMS OF SERVICE OR THE PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST POWERSPORT SHARE IS TO DISCONTINUE USING THE PLATFORM. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO COMPANY IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
22.2. No Consequential Damages
POWERSPORT SHARE SHALL NOT BE LIABLE IN ANY WAY TO ANY USER OR TO ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE POWER SPORT EQUIPMENT, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR USE OF THE PLATFORM, OR FOR ANY CLAIM AGAINST A USER BY A THIRD PARTY, REGARDLESS OF WHETHER POWERSPORT SHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
23. RELEASE
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE PLATFORM, YOU AGREE THAT YOU WILL NOT INVOLVE, HOLD LIABLE, OR MAKE ANY CLAIM AGAINST POWERSPORT SHARE AND ITS OWNERS, AFFILIATES, EMPLOYEES, OFFICERS, AND DIRECTORS, AND RELEASE AND DISCHARGE POWERSPORT SHARE FROM ANY SUCH CLAIMS OR DISPUTES.
If you are a California resident, you waive California civil code section 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.”
24. DISLCAIMERS OF WARRANTIES
The Platform and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. Powersport Share is not responsible for any delays, delivery failures, or other damages resulting from such problems.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS-AVAILABLE BASIS. COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERRORFREE, OR COMPLETELY SECURE; NOR DOES IT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED BY USING THE PLATFORM, BOOKING POWER SPORT EQUIPMENT, OR RENTING OR USING POWER SPORT EQUIPMENT. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. FURTHER, COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF ANY CONTENT.
25. ASSUMPTION OF RISK
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES, LISTING AND BOOKING OF POWER SPORT EQUIPMENT, AND USE OF POWERSPORT EQUIPMENT REMAINS WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES. POWERSPORT SHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY CONTENT POSTED BY USERS, OR TO INSPECT OR ENSURE THE SAFETY OF ANY POWER SPORT EQUIPMENT. POWERSPORT SHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USER.
YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN-PERSON.
26. ARBITRATION AGREEMENT; CLASS ACTION WAIVER
Powersport Share’s right to amend these Terms of Service, in whole or in part, does not apply to this section. The version of this “Arbitration Agreement” section in effect on the date you last accepted the Terms of Service by use of the Platform controls.
26.1. Arbitration Agreement
You agree that any dispute, claim, or controversy that you may have against Powersport Share or any dispute, claim, or controversy otherwise arising out of these Terms of Service, or your use of the Platform (collectively, “Disputes”) shall be settled by final and binding arbitration between you and Powersport Share. EXCEPT THAT, each party retains the right to seek injunctive or other equitable relief if court related to the infringement or any Dispute regarding intellectual property rights.
26.2. Arbitration Rules and Forum
The arbitration of all Disputes will be administered by a single arbitrator of the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified this section (and its respective subparts). The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The arbitration shall be governed by the Federal Arbitration Act or, if the Federal Arbitration Act is found not to apply, the laws of the State of Illinois. The Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Unless you and Powersport Share agree otherwise, the arbitration will be conducted in Illinois. If your claim does not exceed $25,000, then, the arbitration will be conducted solely on the basis of documents you and Powersport Share submit to the arbitrator unless you request a hearing and the arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
26.3. Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator bases the award. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this arbitration provision, and any award of damages must be consistent with these Terms of Service, including their respective limitations of liability. The arbitrator may award declaratory or injunctive relief in such Dispute. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof
26.4. Arbitration Fees
The parties shall be responsible for their own respective arbitration fees and expenses, including attorneys’ fees, unless otherwise provided by AAA rules or Applicable Law.
26.5. Waiver of Jury Trial; Waiver of Class Action Claims
You and Powersport Share acknowledge and agree that each is waiving the right to a trial by jury as to all arbitrable claims. You also agree to waive your right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all claims. Further, unless you and Powersport Share both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
27. General
27.1. Nondiscrimination
Powersport Share is committed to providing a Power Sport Equipment rental experience built on a foundation of inclusiveness, safety and respect. The Platform and Services are available to Users without regard to race, color, ethnicity, religion, national origin, ancestry, disability, sex, gender identity, sexual orientation, marital status, or any other characteristic protected by law. Powersport Share expects all Users to demonstrate respect and tolerance in all interactions when it comes to the advertisement and rental of Power Sport Equipment, and Powersport Share reserves the right to remove any User from the website who fails to abide by these principles.
27.2. Notices
Any notices required under these Terms of Service must be provided in writing and delivered to Powersport Share via email at: [email protected]; notices to User shall be delivered to the email address User provided to create the User’s account.
27.3. Compliance with Laws; Severability
These Terms of Service and intended to be in compliance with all Applicable Law. If any part of these Terms of Service may be determined to be invalid or unenforceable, that provision shall be severable from these Terms of Service, in which even the Terms of Service should be construed as if such provision had never been contained in the Terms of Service.
27.4. Governing Law
These Terms of Service are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), federal arbitration law, and the laws of the State of Illinois, without regard to principles of conflict of laws.
27.5. No Partnership or Joint Venture
Your use of the Platform or acceptance of Services does not place you and Powersport Share in the relationship of principal and agent, partners, or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
27.6. Entire Agreement
These Terms of Service are the entire agreement and understanding between you and Powersport Share and may only be modified: (1) by Powersport Share in its sole discretion, with or without notice; or (2) by written agreement by you and Powersport Share. In the event User has agree to terms and conditions associated with an Additional Offer, and to the extent there is a conflict between the those terms and conditions and these Terms of Service, the provisions of the Additional Offer shall control.
27.7. Assignment
Powersport Share may assign, subcontractor, or delegate its rights duties or obligations under these Terms of Service, however, you may not.
27.8. No Waiver
Our failure or delay enforcing any provision of these Terms of Service does not waive our right to enforce the same or any other provision(s) of these Terms of Service in the future.
27.9. Survival
Any provision of these Terms of Service, which express, or by its nature, imposes obligations beyond the expiration or termination of these Terms of Service, shall survive such expiration or termination.