Terms of Use

Mad Moose Rentals provides a variety of services, which includes without limitation providing an online platform for Users to view, and rent a variety of items and listings. All subject to the following Terms of Use.

By using the Service in any way, you agree to comply with the Terms of Use and other Mad Moose Rentals Policies and agreements. In addition, when using Mad Moose Rentals services, you agree to abide by any applicable posted guidelines and rules for all Mad Moose Rentals Services, which may change from time to time. Should you object to any term or condition, any guidelines, or any subsequent modifications, or if you become dissatisfied with Mad Moose Rentals in any way, your only recourse is to immediately discontinue use of Mad Moose Rentals. Mad Moose Rentals has the right, but is not obligated, to strictly enforce the Terms of Service and other Mad Moose Rentals Policies through self-help, community moderation, active investigation, litigation and prosecution.

Definitions

By “Terms of Use,” we refer to the terms set forth herein.

By ”User”, we refer to all individuals or entities that access the site, whether the user is a member or not.

By ”Member”, we refer to all individuals or entities that are registered on the site in order to use its services.

By “Site” we refer to http://www.rentalonme.com or http://www.madmooserentals.com, including any subdomains, and any replacement or successor URL, or portions thereof, (hereinafter referred to as “Site,” “Website,” "Mad Moose Rentals," or “Rental On Me”).

By ”Member Account”, we refer to the private area reserved for each member that is accessible via a username and password and contains personal information regarding the member.

By ” Renter”, we refer to each member who rents an item on the site from Mad Moose Rentals.

By ”Rental Agreement”, we refer to the agreement made between Mad Moose Rentals and the Renter, obligating Mad Moose Rentals to transfer the usage of the item (object of the contract), and obligating the Renter to pay in exchange an amount for a stated period of time, determined in advance or defined by the rental agreement.

By ”Rent”, we refer to the payment made by the Renter to Mad Moose Rentals in order to enjoy usage of the item.

By ”Rental Listing”, we refer to the information published by Mad Moose Rentals advertising an item available for rental.

By ”Rental Request”, we refer to the request made by a Renter to rent a particular Rental Listing from Mad Moose Rentals.

By ”Acceptance of the Rental or Booking Request”, we refer to the online acceptance by Mad Moose Rentals of a Rental Request made by a Renter, and the concurrent creation of an effective contract between Mad Moose Rentals and the Renter for a particular rental item.

By “Personal Information”, we refer to any personally identifiable information collected through the Site about the individual, including but not limited to the individual’s name, address, and telephone number.

By “Service”, We refer to the Services that Mad Moose Rentals offers through its Site, including but not limited to providing an online presence to view, rent, or post Rental Listings and other Content.

By “Content”, We refer to Rental Listings, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Site.

By “Policies”, We refer to all Mad Moose Rentals Policies, including but not limited to Mad Moose Rentals Terms of Use, Pricing Policy, and Privacy Policy.

By “Mad Moose Rentals”, “we”, ”us”, “our”, We refer to Mad Moose Rentals, its officers, directors, agents, subsidiaries, joint ventures or employees, or any other person acting on its behalf.

By “Price” We refer to the financial payment given to Mad Moose Rentals by the Renter in order to gain use of the Item.

Website Description

Mad Moose Rentals, Rental Agreement

Mad Moose Rentals is an online rental company designed for the unique purpose of helping people experience more of southern Utah by renting out a variety of outdoor equipment to those that would like to rent it.

Conditions of Registration and Membership Status

Our services are reserved to persons lawfully capable, or authorized to be part of a rental contract in the United States. Our services are not available to minors. You agree that you must be a legal adult to use our services. If you do not comply with these conditions, you cannot use our services. In addition, we reserve the right to suspend or close Member Accounts without notice for any reason, including, but not limited to:

You will not hold Mad Moose Rentals (including its officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, demands or damages (actual and consequential) of any kind for the closing of a Member Account.

The Member Account is personal and cannot be transferred to a third party.

The member commits to keep confidential the password he or she chooses for accessing his or her Member Account. The Member Account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law.

The member recognizes and accepts being solely responsible for use of his/her username and password and Member Account. The Member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and Member Account by a third party.

The member recognizes and accepts as well that the Site can consider usage of his/her Member Account, username or password as proof of the usage of the Site by this Member. All usage of the Site by way of these elements attributable to the Member are considered as being made by the Member. All evaluations, ratings information and comments are also specific to the Member.

Registration of a Member Account implies, in particular, to provide a valid email address that will be used to communicate between the Member and the Site, and will be used as the unique identifier for the Member Account. All email communications sent by the Site to the Member is understood as having been received by the Member, who takes full knowledge thereof. This also applies to verified mobile notifications through a verified phone number.

In addition, the Member accepts to provide a physical address, which is required by Mad Moose Rentals upon registration of the Member Account and the publication of Rental Listings by Owners, in order to make the best usage our of the geo-localization tools.

The address of Mad Moose Rentals and the rental item, if he or she is registered on Mad Moose Rentals, may be sent to the Renter, once his or her Rental Request has been accepted by Mad Moose Rentals.

Both Mad Moose Rentals and Renter will agree by registering as a Member that any notices may be delivered to you electronically to the extent permitted by law, including Electronic Funds Transfer Act, Gramm-Leach-Bliley Act, and any other provision of federal or state law or regulation.

Fees and Commissions

Access, registration and the listing of items on the website is free.

Mad Moose Rentals reserves the right to change at any time its policies regarding Rental Listing fees, commissions and other services fees. These modifications will take effect once they are published online and will apply to all transactions upon their publication. You are therefore invited to regularly check the Terms of Use, and in any case before any transaction. In the case of a temporary policy modification, the period of validity for the modification will be clearly published on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

Rental Return/Cancellation

Cancellation of a Reservation Request or of a Rental Listing can be done within the member account.

The Renter may cancel a Reservation Request before or after it has been accepted by the Mad Moose Rentals as long as it is before 72 hours of the rental period. If it is cancelled within the 72 hour period there will be a 25 percent fee.

Mad Moose Rentals may also cancel or deny a Reservation at any time, and the Renter can leave feedback if he feel that Mad Moose Rentals is abusing this policy.

Liability of Mad Moose Rentals

Disclaimer of Warranties

You agree that use of the Site and the Service is entirely at your own risk. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTAL ON ME DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMLINESS, ACCURACY, AND PERFORMANCE OF THE SITE, THE SERVICE RENTAL LISTINGS, OR ANY RENTAL AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTAL ON ME DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GEEDS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RENTAL ON ME DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENETS IN CONNECTION WITH THE SITE OR THE SERVICE.

Limitations of liability

Under no circumstances shall Mad Moose Rentals be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Mad Moose Rentals has been advised of the possibility of such damages), resulting from your use of the Site or the Service, or resulting from any rental agreement, whether the damages arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site, the Service or member account. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Site or the Service or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Service or any links on the Site. These limitations shall apply to the fullest extent permitted by law.

Member Feedback

Mad Moose Rentals makes available to Members and Users a system of “Comments” or “Evaluations” which allows them to evaluate leave feedback about the person with whom they are doing or have done a transaction.

Content published on or through the Site.

You understand that all Content posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are solely responsible for any Content that you post, email or otherwise make available through the Site. You understand that Mad Moose Rentals does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading, or otherwise objectionable. Furthermore, the Content available on or through the Site may contain links to other websites that are completely independent of Mad Moose Rentals. Mad Moose Rentals makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will Mad Moose Rentals be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on or through the Site. You acknowledge that Mad Moose Rentals does not pre-screen or approve Content, but that Mad Moose Rentals shall have the right (but not the obligation except as required by law) in its sole discretion to refuse, delete or move any Content that is available through the Site, for violating the letter or spirit of the Terms of Use or for any other reason.

Conclusion of a Rental Agreement/Binding Agreement

The rental between Mad Moose Rentals and a Renter put in contact through the site can only be done through the site, on the mobile app, or by the phone number 435-773-5234.

Mad Moose Rentals is free to choose with whom, if anyone, he or she would like to enter into a Rental Agreement. However, once the Owner has accepted the Rental Request, the Owner and Renter agree that the Rental Agreement is binding.

Modifications

Mad Moose Rentals reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, its Policies. All changes will be effective once published on the Site. Use of the Site after these changes have been published constitutes your acceptance of the modified Policies. Mad Moose Rentals reserves the rights to modify, interrupt, or end at any time any service, without taking responsibility for the consequences resulting from these modifications, interruptions or ending of these services.

Proprietary Rights

We respect the intellectual property of others, and we ask you to do the same. If you or any User of the Site believes its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the User should send notification to our Designated Agent (as identified below) immediately.

Other

The terms of use must be read in conjunction with all other Mad Moose Rentals terms and conditions. These terms and conditions contribute to the present terms of use and also have a contractual value.