Terms of Service

Last updated: June 16, 2025

Please read these Terms of Service ("Agreement") carefully before using any of the Services (as that term is defined below) provided by ________ doing business as Power Sport Share ("Company", "we," or "us"). By creating an account on this website and its related mobile application (which Company collectively refers to as the "website") and the Services of Company, you are affirmatively agreeing to all the terms contained herein. If you do not agree to each and every term contained in this Agreement, your only recourse is to not utilize the website or Services of Company. You must read this Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than a court of law.

If you do not fully agree to the terms of this Agreement and any other terms and conditions posted or linked to the website, you are not authorized to create an account or otherwise use the website or Services. Company reserves the right to update this Agreement at any time, at the sole discretion of Company, with or without notice to you. Any modification to this Agreement will take effect immediately. Your continued use of and access to the website and Services is an affirmative confirmation that you agree to any and all modifications to this Agreement and also that you acknowledge you will be bound to the terms contained herein.

Certain website content, Services, programs, or offers ("Additional Offers") Power Sport Share may extend to you may require acceptance of different, separate, or additional terms and conditions, and you affirmatively agree to all of the different, separate, or additional terms and conditions by accessing and utilizing any such Additional Offers. If there is a conflict between this Agreement and the terms and conditions posted for Additional Offers, the Additional Offer terms and conditions will take precedence with respect to your use of or access to that Additional Offer.

If you accept or agree to this Agreement on behalf of a company or other legal entity, you affirmatively represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "you" and "your" will refer and apply to that company or other legal entity. Listing Services are restricted to those persons who are age twenty-one (21) and older. Rental Services are further limited to those persons who are age twenty-five (25) and older or in accordance with state and federal laws as applicable. Creating an account on Power Sport Share or any use of the Services or Additional Offers by anyone under those age restrictions is expressly prohibited. By creating a website account or utilizing the Services or Additional Offers, you warrant you are the requisite minimum age, and that you have the right, authority, and capacity to agree to and abide by this Agreement.

PLEASE NOTE THAT THE SERVICES OFFERED BY COMPANY ARE INTENDED TO BE USED ONLY TO FACILITATE THE BOOKING OF POWER SPORT EQUIPMENT. COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING, NOR DOES COMPANY CONTROL THE CONDITION, LEGALITY, OR SUITABILITY OF THE POWER SPORT EQUIPMENT CONTAINED IN ANY LISTING. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS OR ANY POWER SPORT EQUIPMENT SAFETY INCLUDING, BUT NOT LIMITED TO, ANY PAST, CURRENT, OR FUTURE SAFETY RECALLS. ACCORDINGLY, ANY BOOKINGS ARE MADE AT THE OWNER'S AND RENTER'S OWN RISK, AND OWNERS AND RENTERS EXPLICITLY ASSUME THE RISKS AND WAIVE ALL LEGAL LIABILITY FOR ALL INJURY CLAIMS, DAMAGES, OR LOSS THAT AN OWNER OR RENTER MAY SUSTAIN AS A RESULT OF UTILIZING THE SERVICES OF COMPANY, WHETHER CAUSED BY THE NEGLIGENCE OF COMPANY OR OTHERWISE.

1. Definitions

"Collective Content" means Owner, Renter, and/or User Content and Company Content.

"Company Content" means all Content that Company makes available for viewing through the website, Services, or Additional Offers, including any Content licensed from a third party, but excluding Owner Content.

"Content" means text, graphics, images, music, software (excluding the Company mobile application), audio, video, information and any other content or materials displayed on or through the Power Sport Share website or mobile application.

"Listing" means power sport equipment that is listed by an Owner as available for rent to a Renter.

"Owner Content" means all Content that an Owner posts, uploads, publishes, submits or transmits to be made available on the website or through the Services.

"Owner" means an individual or authorized entity that creates a Listing via the Services with the intent to rent power sport equipment to a Renter.

"Renter" means an individual or authorized entity that requests to book power sport equipment via the Services, or that uses power sport equipment rented via the Services and is not the Owner of such power sport equipment.

"Renter Content" means all Content that a Renter posts, uploads, publishes, submits or transmits to be made available on the website or through the Services.

"Power Sport Equipment" means a recreational vehicle including, but not limited to, golf carts, boats, bicycles, motorcycles, motor scooters, ATVs, UTVs or other recreational vehicles listed on the website. The term "Power Sport Equipment" includes any equipment provided by an Owner to a Renter for transportation including, but not limited to, trailers, towing equipment, and tie-downs used to safely secure equipment for transport including, but not limited to, straps, chains, harnesses, or rope.

"Services" means the services provided through the Company's website and mobile applications, pursuant to which Owners and Renters may connect, so that Renters may rent an Owner's Power Sport Equipment for a period of time for a price negotiated by and between the Renter and Owner.

"Tax" or "Taxes" mean any sales 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 a party visiting the website and/or requesting a reservation on the website. Users include Owners and Renters.

"User Content" means all Content that a User posts, uploads, publishes, submits or transmits to be made available on the website or through the Services.

Additional definitions of relevant terms may be included within the terms set forth below.

2. Company is Not a Party to any Transaction between Owners, Renters, or Users

Company is not and does not hold itself out to be a party to any rental agreements between Owners and Renters. Company does not endorse or hold itself out to endorse any Users, Owners, or Renters. In addition, Company is not a Power Sport Equipment broker, agent or insurer. Company does not have control over the conduct of Owners, Renters and/or Users. Company expressly disclaims all liability in regard any transaction between any Owner, Renter, or User to the maximum extent permitted by law. Accordingly, Owners, Renters, and/or Users are acting on their own behalf and at their own risk.

Company is not an owner or operator of Power Sport Equipment listed in a Listing, nor is it a provider of Power Sport Equipment. Company does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Power Sport Equipment, nor does Company provide any transportation or travel services. Company's responsibilities are limited to facilitating the availability of the website and Services.

Owners, Renters, and Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the website and Services and any transaction they enter into on the website or in connection with their use of the website.

Owners further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their Power Sport Equipment, including but not limited to, any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, manufacturer's specifications, safety compliance, and compliance with all anti-discrimination laws, as applicable.

Although Company is not a party to any rental transaction and Company assumes no liability for legal or regulatory compliance pertaining to Power Sport Equipment listed on the website, Company may be legally obligated in certain circumstances (as Company may determine in its sole discretion) to provide information relating to Owner's Listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and Company will comply with such obligations in its sole discretion.

3. Services; License to Use the Website & Services

The Services provided through the Company's website and mobile applications connect Owners and Renters, so that Renters may rent an Owner's Power Sport Equipment for a certain period of time for a price negotiated by and between the Owner and Renter. The Owner and/or Renter may engage Company for Services made available through Company's communication tools or through the "Request a Quote" platform. The Services are intended to be used to facilitate the rental of Power Sport Equipment. You may search Listings as an unregistered User on the website; however, if you wish to book Power Sport Equipment or create a Listing, you must first register and create an account.

Owners, Renters, and/or Users are granted a limited, revocable, non-exclusive license to access the website and the Services solely for the purpose of listing or renting Power Sport Equipment, searching for Power Sport Equipment, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on the website, or for any other purpose clearly stated on the website, all in accordance with this Agreement. Any use of the website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by Company in writing is expressly prohibited.

4. Collective Content

Forms

Any and all rental agreements and other forms provided by Company, regardless of the nature of the contract, form, or documentation, are provided solely as a basic template and are not to be considered legal advice or representation and are not to be considered forms prepared for either Owner or Renter by, or on behalf of, Company. Owners and Renters utilize such forms at their own risk and responsibility.

Listings

An Owner may create a Listing for Power Sport Equipment through the Owner dashboard in Owner's account. By listing Power Sport Equipment, Owner affirmatively agrees to provide true and accurate information and represents 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, and that Owner is not misrepresenting the Power Sport Equipment in any way.

Owner further represents and warrants that any Listing posted and the booking or use of Owner's Power Sport Equipment by Renter through a Listing: (i) will not breach any agreements such Owner entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, 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.

Please note that Company assumes no responsibility for an Owner's or Renter's compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Company disclaims any responsibility for the accuracy of the information provided by an Owner. Company reserves the right to (but is under no obligation to) edit any portion of the Listing, including the content or the photos contained and provided in the Listing. Further, Company reserves the right to (but is under no obligation to) terminate any Listing, without notice to you, either temporarily or permanently, if Company believes or suspects that any of the information posted is inaccurate and/or misrepresents the Power Sport Equipment in any manner.

Restrictions on Power Sport Equipment Substitutions

When a Listing is published, 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. 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 misleading and in violation of this Agreement.

Owner, Renter, and/or User Content

By making available any Owner, Renter, and/or User Content on or through the website or the Services, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Owner. Renter, and/or User Content on, through, or by means of the Services or otherwise. Without limiting the generality of the foregoing, Company may aggregate Owner, Renter, and/or User Content and other Owner, Renter, and/or User data with the data and information of other Owner, Renter, and/or Users of the Services for purposes of data analytics and in order to measure, enhance, and improve the Services; provided, that any such aggregation or analysis will be on an anonymous, non-personally identifiable basis, and will not identify any data as belonging to or being provided by any specific customer or other organization.

You acknowledge and agree that you are solely responsible for all Owner, Renter, and/or User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Owner, Renter, and/or User Content that you make available through the Services, or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such Owner, Renter, and/or User Content, as contemplated under this Agreement; and (ii) neither the Owner, Renter, and/or User Content nor your posting, uploading, publication, submission or transmittal of the Owner, Renter, and/or User Content or Company's use of the Owner, Renter, and/or User Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5. Unauthorized Uses of the Website and Services

The license to use the website and Services granted to Owner, Renter, and/or User does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

Unauthorized uses of the website also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by Company in writing:

Any commercial use of the website or any content on the website, other than by Owners or Renters in good standing;
Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Collective Content in any form whatsoever;
Reproduce any portion of the website on your website or otherwise, using any device including, but not limited to, use of a frame or border around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;
Deep-link to any portion of the website without Company's express written permission;
Modify, translate into any language or computer language or create derivative works from, any content or any part of the website;
Reverse engineer any part of the website;
Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;
Use the website and its inquiry or booking functionality, other than to advertise and/or research Power Sport Equipment, to make legitimate inquiries, or any other use expressly authorized on the website;
Use the website to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of Company or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the website in any way that, in Company's sole discretion, adversely affects, or could adversely affect, the performance or function of the website or any other system used by Company or the website.

6. Use of Other Users' Information; No Spam

You agree that, with respect to another's User personal information that you obtain directly or indirectly from or through the website or through any Services, transaction, or software, Company has granted to you a license to use such information only for: (i) website-related communications that are not unsolicited commercial messages, (ii) using Services offered through the website, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the website. Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.

Company does not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed or permitted to add a User, even a User who has rented Power Sport Equipment from you or to you, to your mailing list (email or physical mail) without the User's express consent. You may not use any tool or service on the website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate this Agreement.

7. Account Registration; Identity Verification

In order to list Power Sport Equipment as available for rent, Owners must sign up with an account through Company. Renters must create an account in order to use the Services provided by Company to rent Power Sport Equipment. Accounts may be created through third-party accounts such as Facebook or Google, or, Users have the option to create an account with a valid email address. YOUR RELATIONSHIP WITH SUCH THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Company reserves the right to terminate any User account at any time with no notice you.

In order to access and use the Service, you must apply for and obtain a username and password. You are responsible for maintaining the security and confidentiality of any username or password assigned to you. You agree to (i) keep your password and username secure and strictly confidential, (ii) notify Company immediately and select a new username and password if you believe your password may have become known to an unauthorized person, and (iii) notify Company immediately if you are contacted by anyone requesting your username and password. Further, if Company suspects any unauthorized access to your account, upon our request, you agree to promptly change your username and password and take any other related action as Company may reasonably request.

Company offers an integrated identity verification solution powered by third party Onfido Limited ("Onfido"). Users are asked to provide their photograph and driver's license which is then sent to Onfido to determine if the photograph matches the holder of the driver's license. You may be required to pass Onfido's identity verification test to maintain your account. You agree to your photograph and form of identification being transferred, stored and processed by Onfido in accordance with the Onfido Privacy Policy, and by agreeing to these Terms of Service, you confirm that you have read, understand and accept Onfido's Terms of Service (hyperlink:https://onfido.com/terms-of-service/) and Facial Scan and Release Policy (hyperlink: https://onfido.com/facial-scan-policy-and-release/) . Further information about Onfido and its services can be found athttps://onfido.com. You also agree to your photograph and form of identification being transferred, stored, and processed by DigiSure, the Company's third-party insurance and protection administrator, in accordance with the DigiSure Privacy Policy (hyperlink:https://www.digisure.ai/privacy-policy) as part of the consumer report authorization outlined below, as well as for any security deposit and insurance and protection administration requirements as set forth in Sections 12 and 13.

If you give someone your username and password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions performed through your account, even those transactions that are fraudulent or that you did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S USERNAME OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH COMPANY AND OTHER USERS.

Company does not attempt to confirm, and does not confirm, any User's purported identity or other information provided by the User. It is your sole responsibility to determine the identity and suitability of Owners, Renters and/or Users who you contact via the Services. Except as provided by this Agreement, Company is not be responsible 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. Company is not responsible for any damage or harm resulting from your interactions with other Users or third parties.

Further, Company may, without notice to you, suspend or cancel a Listing or reservation at any time, even without receiving notice from you if Company suspects, in its sole discretion, that your account is being used in an unauthorized or fraudulent manner.

Consumer Report Authorization. When you attempt to book or list Power Sport Equipment, you are providing written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any other similar laws to obtain your personal and/or business auto insurance score, credit report or conduct a background check, including obtaining a motor vehicle report or a criminal background check where permissible under applicable law. You are also authorizing access to obtain your personal and/or business auto insurance score, credit report, or conduct a background check at any time if Company reasonably believes there may be an increased level of risk associated with your account or reservation. Pursuant to the federal Fair Credit Reporting Act, if any adverse action is to be taken based upon the consumer report, a copy of the report and a summary of consumer's rights will be provided to you. You also agree to the Consumer Report Authorization for additional drivers.

8. Payment Processing

Company functions alongside a third-party payment processing provider, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your reservations. To use the Services, you must have an active Stripe Connect account and be bound by the Stripe terms of use. Power Sport Share is a "Partner Application" as defined in the Stripe Terms of Service. Therefore, any limitations imposed by Stripe's terms for Partner Applications also apply to the use of the Services. Your use of Stripe or the Stripe API is governed by your agreement with Stripe and subject to Stripe's Privacy Policy. Company does not see this information when it is being submitted and does not have any control over the use of this information.

You expressly understand and agree that Company shall not be liable for any payments and monetary transactions that occur through your use of Stripe. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Company shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.

You are responsible for all transactions (one-time and refunds) processed through the Services and/or Stripe. Company is not liable for loss or damage from errant or invalid transactions processed with Your Stripe Connect account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

You understand that Company uses the Stripe API and that the Stripe API is subject to change at any time and such changes may adversely affect the Services. You understand and agree to not hold Company liable for any adverse effects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe Connect account, your Power Sport Share account, or your reservations.

9. Online Booking

Owner and Renter will negotiate and set all Power Sport Equipment rental pricing between themselves. Owner is responsible for requesting payment from Renter through Company's secure payment system. All payments by Renters are via credit card.

A Power Sport Equipment booking is only reserved when the first (or only) payment on a booking reservation has been processed through Company's secure payment system. Company guarantees all Power Sport Equipment Renter payments made through Company's payment system up to one thousand US dollars ($1,000.00 USD). At the Owner's discretion, Renters may split the booking payment into two (2) installments, if and only if the rental dates are more than thirty (30) days in advance of the first payments; However, in all cases, final payment must be made on or before thirty (30) days prior to the rental date. Company holds all payments made during the thirty (30)-day period. Company will release payments, minus all applicable fees collected by Company, to the applicable Owner one (1) business day after the beginning of the rental date.

If you are an Owner and a booking is requested for your Power Sport Equipment via the Services, you may be required to either confirm or reject the booking within twenty-four (24) hours of when the booking is requested (as determined by Company in its sole discretion) or the booking request may be automatically canceled. If you are unable to confirm or decide to reject a booking within such twenty-four (24)-hour period, any amounts collected by Company for the requested booking may be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Company will send you an email, text message or message via the Services confirming such booking, depending on the selections you make.

By utilizing a separate rental agreement as part of the Services or otherwise displaying terms relating to the rental as part of the online booking process, you hereby acknowledge and agree that (i) any such separate rental agreement is directly between the Renter and/or Owner (whichever is applicable), (ii) the Company is not party to any separate rental agreement, (iii) any rental agreement used, whether a sample provided by the Company or other agreement, is used solely at their own risk and expense, (iv) nothing contained in the rental agreement, on the website or in this Agreement is a substitute for the advice of an attorney, and (v) that you have been hereby advised to obtain local legal counsel to prepare, review, and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent the Power Sport Equipment, rules, features, etc. If there is any conflict between the terms of a separate rental agreement between the Renter and Owner, and these Terms of Service, the Terms of Service shall govern.

10. Cancellations and Refunds

If you are a Renter, and you wish to cancel a confirmed booking, the Company's Cancellation Policy applies to your Cancellation. If you cancel more than 24 hours prior to the scheduled check-in time, you are entitled to a full refund. If you cancel less than 24 hours prior to your rental beginning, or you are a "No-Show," you will forfeit the entirety of your rental payment.

If you are an Owner, and your Renter cancels less than 24 hours prior to their rental beginning, or is a "No-Show," the entirety of the rental payment, minus the Company's fees, will be paid to you according to Company's scheduled payment schedule.

If an Owner cancels a confirmed booking, the Renter will receive a full refund of all fees for such booking within a commercially reasonable time of the cancellation. If an Owner cancelled a confirmed booking and the Renter believes they are entitled to additional compensation for such cancellation, the Renter should contact Company at [______]. If the Renter complains to Company about an Owner and Company deems, in its sole discretion, that the Renter's complaint is valid, Company may, but is not required to, collect from the Owner the costs of a hotel for the Renter. Renters are responsible for their own actions. Owner further acknowledges and agrees that Company shall make the final determination of any refund amount.

If a Renter who initially reserved Power Sport Equipment decides that they do not wish to rent the Power Sport Equipment after the Power Sport Equipment has left the possession of the Owner, the Renter shall not be entitled to any refund, regardless of reason, unless the Owner, in the Owner's sole and absolute discretion, elects to remit any portion of the fee back to Company.

If severe weather or a natural disaster occurs, as determined by the Company in its sole and absolute discretion, the Owner will be directed to issue a full refund to the Renter and the Renter's booking will be cancelled.

11. Power Sport Equipment Surcharges, Cleaning, & Service Fees

Company charges service fees payable by Owners and Renters. More information about when service fees may apply and how they are calculated can be found on the Services site. These service fees are non-refundable except as expressly provided in these Terms of Service.

The Company shall retain the first day's rental fee plus the daily service fee charged to the Renter, for Bookings that are cancelled prior to check-in, and those fees shall be non-refundable. A daily service fee is assessed to Owners per transaction, and is retained by the Company. Additional fees, including, but not limited to late return fees, fuel charges, security deposit claims, etc. may be assessed by the Owner in accordance with the terms and conditions of the applicable rental agreement entered into by Owner and Renter. Owner and Renter acknowledge and agree that the Company is pre-authorized to collect on behalf of the Owner (and remit to the Owner in accordance with this Agreement), any such additional fee if a separate rental agreement is used by the Owner as part of the services under the terms of such separate rental agreement.

Owner and Renter acknowledge and agree that the Company is authorized to use the security deposit (if applicable) to cover any late fee due under this Agreement in the event the Power Sport Equipment is not returned at the agreed upon time.

Owner shall be responsible for adding all applicable state and local sales, use, lodging, accommodations, excise, and other taxes to rental rates if required by the applicable tax authority (such as City, County, and State tax authorities) (collectively "Sales Taxes") prior to the Owner listing the Power Sport Equipment for rent on the Site. The Owner, and not the Company, is responsible for informing itself of its obligations to collect and remit Sales Taxes applicable to Owner's rental rate, and for collecting and remitting such Sales Taxes to the appropriate tax authority. In the event that the Owner does not properly calculate or add the appropriate Sales Tax or other tax to the rental amount, Owner shall remain responsible for remitting the proper amount of tax to the applicable Sales Tax authority.

If Power Sport Equipment requires cleaning after use by a Renter, Company will utilize the security deposit (if available) to satisfy the cost of cleanup. Owners of Power Sport Equipment may not charge more than seventy-five US dollars ($75.00) for a cleaning service of Power Sport Equipment, unless it can be shown that the cost is higher as a result of the actions of the Renter, such as in cases of damages. Owners may assess additional cleaning fees for Power Sport Equipment as appropriate if a separate rental agreement is used by the Owner as part of the services and such separate rental agreement includes terms regarding such additional cleaning fees. Owner and Renter acknowledge and agree that the Company is pre-authorized to collect on behalf of the Owner (and remit to the Owner in accordance with this Agreement) any such additional cleaning fee so long as such fee is disclosed in the separate rental agreement.

12. Security Deposits

Owner has the right to determine the security deposit amount for their Power Sport Equipment, within minimum and maximum amounts determined by the Company, and has the ability to update these amounts at any time prior to a booking. Renters will be required to accept the security deposit amount at the time of booking.

At the start of the rental, the Owner will perform an inspection of the Power Sport Equipment and verify that the Renter can operate it safely. After the rental, if the Power Sport Equipment is returned in the same condition as when it was provided to the Renter, excepting ordinary wear and tear, DigiSure will release the hold on the Renter's security deposit within 24 hours of check-out. If the Owner submits a claim for damages, the amount may be taken from the security deposit to cover any damages verified by DigiSure.

If issues are found, the Owner must immediately contact DigiSure, the Company's third-party administrator of security deposit, insurance, and protection claims, and report any damages. The Owner will fill out the appropriate claims form and submit it via email to DigiSure, who will administer the security deposit. If the damages are found to be from misuse or neglect, the Renter's security deposit will be used to address the damages described in the claim. If the damages are determined to be due to ordinary wear and tear, the security deposit will be released to the Renter. The determination of whether damages or other charges exceed ordinary wear and tear will be made by DigiSure. DigiSure is under no obligation to explain or substantiate its decision.

The Owner must report and submit any claim to DigiSure within 24 hours of the end of the rental. Claims submitted after 24 hours from the end of the rental may not be honored by DigiSure.

13. Insurance and Protection

In order to protect Owners, Renters, and third parties who may be injured as a result of an incident with Power Sport Equipment, any Renter who rents Power Sport Equipment must be eligible to receive, purchase, or be covered by the Company's available insurance policy and protection plans. Eligibility for insurance and protection is determined by DigiSure. Certain eligibility requirements will apply, including but not limited to age, riding experience level, location of ride, and other risk-based requirements. The Renter specifically authorizes DigiSure to access Renter's insurance score, credit score, MVR, and criminal records, as part of the eligibility review. If eligible, the Renter will be required to, as part of the booking process, purchase the policy of insurance and protection plans that the Company makes available, as set forth on www.powersportshare.com/insurance.

Whether a Renter is eligible is determined at the sole discretion of DigiSure. Eligibility must be determined for each rental, and eligibility for one rental does not guarantee eligibility for future rentals. Prior to a reservation, Renters must complete a profile which includes personal and Power Sport Equipment operating history. The Renter will be required to enter valid credit card information to book the reservation. The Renter will be charged for the Power Sport Equipment rental, the Company's fees, security deposit, and any applicable insurance or protection plans.

After a rental is verified but before a rental transaction is complete, the Company may, through DigiSure, check the Renter's driving and claims record, examine the Renter's insurance score, credit score, criminal history, including any information in connection with any prior use of the Services, or other information as deemed necessary by DigiSure. The Company, through DigiSure, may thereafter cancel a booking transaction if it determines, in its discretion, that the Renter is not eligible.

By default, all available insurance and protection plans will be required for Renters at the time of booking. These costs will be included in the total cost of the rental transaction.

14. Links to Third-Party Websites

The website may contain links to third-party websites and services, and/or display advertisements for third parties. Such third-party websites, services, and advertisements are not owned or controlled by or under the control of Company. Company may also provide tools to allow interaction between the website and a third-party site or service, such as a social media website. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content, are solely between you and such third parties. Company advises you to read the terms and conditions and privacy policy of any third-party website or service that you visit.

15. Limitation of Liability

THE OWNER AND/OR RENTER SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL ACTS OR OMISSIONS RELATED TO THE BOOKING AND RENTING OF THE POWER SPORT EQUIPMENT AND FOR USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ABIDING BY ALL LAWS, RULES, AND REGULATIONS APPLICABLE TO THE RENTING, OR USING THE POWER SPORT EQUIPMENT. YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE LISTING OF THE POWER SPORT EQUIPMENT ARE INTENDED TO BE USED ONLY TO FACILITATE THE TRANSACTION OF RENTER AND OWNER, AND COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT WITHIN ANY LISTING OR THE CONDITION QUALITY, SAFETY, OR LEGALITY OF EACH POWER SPORT EQUIPMENT LISTED. ACCORDINGLY, THE OWNER AND RENTER AGREE THAT ANY BOOKING IS MADE AT THE OWNER'S AND RENTER'S OWN RISK.

COMPANY AND/OR ITS AUTHORIZED AGENTS OR SUPPLIERS DOES NOT INSPECT OR INVESTIGATE THE ACCURACY OF ANY USER'S REPRESENTATION AS TO THE POWER SPORT EQUIPMENT. USERS ARE RESPONSIBLE FOR DETERMINING THE QUALITY, SAFETY, AND LEGALITY OF POWER SPORT EQUIPMENT TRANSACTIONS. 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 SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER OWNERS OR RENTERS WHETHER IN PERSON, ONLINE, OR BY ANY OTHER MEANS, REMAINS WITH YOU, AND COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING THEREFROM.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, THE WEBSITE, THE CONTENT, THE SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICES OR THE WEBSITE.

IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, OWNERS, SUCCESSORS IN INTEREST, OR EMPLOYEES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR THE WEBSITE, OR ANY MATERIALS PROVIDED TO YOU FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE, LIABILITY, OR LOSS ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OWNER AND/OR RENTER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY'S REASONABLE CONTROL. YOU AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICES PROVIDED BY COMPANY OR ITS AFFILIATES AND ANY DESTRUCTION OF YOUR INFORMATION.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS OF SERVICE, INCLUDING AN APPROVED DAMAGE CLAIM UNDER THE COMPANY'S DIGISURE PROTECTION PLAN OR AN INSURANCE PROGRAM MAINTAINED BY COMPANY, IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR ANY POWER SPORT EQUIPMENT BOOKING OR RENTAL EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID OR RECEIVED AS A RESULT OF SUCH TRANSACTION DURING THE PRIOR TWELVE (12) MONTHS OR (II) ONE THOUSAND US DOLLARS ($1,000.00). THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

16. Indemnification

You agree to defend, indemnify, and hold Company, its officers, directors, employees, successors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your use of the website or Services in violation of this Agreement; (ii) your Power Sport Equipment Listing; (iii) your Company or rental transaction; (iv) your interaction with any User; (v) your infringement of any third party rights; or (vi) your breach of any applicable law, rule, or regulation.

17. Dispute Resolution; Mandatory Arbitration

YOU AND COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR WEBSITE (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND COMPANY OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION. THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.

THE ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES. THE ARBITRATOR SHALL BE AN ATTORNEY OR JUDGE ADMITTED TO PRACTICE LAW IN CALIFORNIA. THE ARBITRATION SHALL BE HELD, AND COMPANY AND USER HEREBY CONSENT TO APPEAR, IN SANTA BARBARA COUNTY, CALIFORNIA.

THE ARBITRATOR WILL RENDER AN AWARD WITHIN THE TIMELINE CONTEMPLATED BY THE AAA RULES. THE ARBITRATOR'S DECISION WILL INCLUDE THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR BASED THE AWARD. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR'S AWARD OF DAMAGES MUST BE CONSISTENT WITH THE TERMS OF THE "LIMITATION OF LIABILITY" SECTION ABOVE AS TO THE TYPES AND AMOUNTS OF DAMAGES FOR WHICH A PARTY MAY BE HELD LIABLE. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE CLAIMANT'S INDIVIDUAL CLAIM.

DURING THE ARBITRATION PROCEEDINGS, THE ARBITRATION FEES, ARBITRATOR'S COMPENSATION AND EXPENSES, AND ANY OTHER COSTS OR ATTORNEY FEES DIRECTLY RELATED TO THE ARBITRATION SHALL BE SHARED EQUALLY BY ALL PARTIES.

ALL DISPUTES BETWEEN THE PARTIES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

NOTWITHSTANDING THE FOREGOING, EITHER YOU OR COMPANY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT.

18. Electronic Communications and Contracts

The communications between you and Company through the website or Services may involve electronic communications. By using the website or Services, you consent to receive electronic communications from Company, and you agree that all agreements, notices, disclosures and other communications that Company provides to you electronically, via email and on the website or Services, satisfy any legal requirement that such communications be in writing.

19. Changes to This Agreement

Company may occasionally update this Agreement and reserves the sole and exclusive right to change, modify, add, or remove portions of this Agreement at any time and without prior notice. Please check this Agreement periodically for changes. Your continued use of the services after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to any changes to this agreement, do not continue to use the service. Company will inform users by posting a notice on the website indicating that this Agreement has changed. Company, at its sole discretion, may also notify users of any material changes to this Agreement by sending an email to the user's registered email address.

20. Severability

In the event that any provision or part of this Agreement is found to be invalid, illegal, or unenforceable for any reason, it shall be severed from the Agreement, and the validity, legality, or enforceability of the remaining provisions shall remain in full force and effect. If a portion of the Agreement is found to be invalid, illegal, or unenforceable, the invalid, illegal, or unenforceable provision shall automatically be replaced with a valid, legal, and enforceable provision that is as close as possible to the Parties' intent underlying the invalid, illegal, or unenforceable provision. The severance of any provision or part of this Agreement shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.

21. Entire Agreement

This Agreement constitutes the entire agreement and understanding between the Company and the Owner and/or Renter. This Agreement replaces and supersedes all prior oral or written understandings, communications, and agreements between the Owner, Renter, User, and Company. This Agreement may only be amended by the Company, and a User's continued use of the Services constitutes acceptance of any such amendments.

22. Relationship to the Parties

Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchise relationship between Company, Owner, Renter, and/or User. The Company is merely an independent service platform to connect Owners and Renters of Power Sport Equipment.

23. Headings

The descriptive headings used in this Agreement are for reference only and do not limit or define any of the provisions of this Agreement. All personal pronouns used in this Agreement, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa.

24. Force Majeure

Company will not be held liable for any delays or failure in performance of any part of the Services, from any cause beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic eruption, unusually severe weather conditions, and acts of hackers, denial-of-service attacks, or other third-party non-contractual interference.

25. Contact Information

If you have any questions or comments about these Terms of Service, please contact us at: [contact information]

End of Terms of Service