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Information about SideBySideShare

Terms of use

Side by Side Share Terms of use


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

 

If we update or make changes to these policies, we’ll notify you via email and provide you quick access to the changes through the website.

 

RHSB Properties LLC, operating as Side by side share, (hereafter referred to as “Side by side share”, “we”, “us”, or “our”) provides an online platform that connects owners who have UTV OR ATVs (as defined below) to rent with renters seeking to rent such UTV OR ATVs, which platform is accessible at Side by side share.com and any other websites through which Side by side share makes the platform available (collectively, the “Site”) with any other products or services made available by Side by side share, all of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Side by side share. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.Side by side share.com/help/privacy-policy and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

 

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR UTV OR ATVS (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK UTV OR ATVS. YOU UNDERSTAND AND AGREE THAT SIDE BY SIDE SHARE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS SIDE BY SIDE SHARE AN UTV OR ATV BROKER, AGENT OR INSURER. SIDE BY SIDE SHARE HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RVS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

 

Key Terms

“UTV OR ATV” means an Utility Task Vehicle or All Terrain Vehicle.

“Side by side share Content” means all Content that Side by side share makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“Collective Content” means Member Content and Side by side share Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, and any other content or materials.

“Renter” means a Member who requests a booking of an UTV OR ATV via the Services, or a Member who uses an UTV OR ATV and is not the Owner for such UTV OR ATV.

“Owner” means a Member who creates a Listing via the Services.

“Listing” means a vehicle that is listed by an Owner as available for rental via the Services.

“Member” means a person who completes Side by side share’s account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholdings and personal or corporate income taxes.

Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and Terms and Conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.

 

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

Modification

Side by side share reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

 

Other Policies

You agree that you will comply with all written Side by side share rules, agreements, and policies that are made available by Side by side share on the Services and which are incorporated herein by reference. These include, without limitation:

 

Fees Policy

Cancellation Policy

Insurance Policy

UTV OR ATV Eligibility Policy

Booking Agreement (available at the time of booking)

Charter Party Agreement (available at the time of booking)

Or any other policies posted on the Services

Minimum Age

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. The minimum age to rent an insured vehicle is 25 years old.

 

How the Services Work

The Services can be used to facilitate the listing and booking of UTV or ATVs. Such UTV OR ATVs are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a UTV or ATV or create a Listing, you must first register to create an Side by side share Account (defined below).

 

As stated above, Side by side share makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of UTV OR ATVs. Side by side share is not an owner or operator of UTV OR ATVs, including, but not limited to, trailers, towables, campers, vans, coaches, caravans or other UTV OR ATVs, nor is it a provider of UTV OR ATVs and Side by side share does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control UTV OR ATVs, or transportation or travel services unless otherwise specified.

 

Side by side share’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.

 

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF UTV OR ATVS. SIDE BY SIDE SHARE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY UTV OR ATVS. SIDE BY SIDE SHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND UTV OR ATVS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.

 

Renter Eligibility and Application Process

The following are the minimum eligibility requirements as a renter:

 

You must hold a current, valid (non-temporary) driver’s license, and present your license to the owner when you begin your rental. You must be at least 25 years of age. You must be approved by Side by side share through identify verification and other background checks that the company requires. You are required to demonstrate at least three years of current, licensed driving history and must hold a valid Driver’s License. If you hold a foreign license, you must be at least 25, and you will be required to provide your passport, an international driver permit or a photograph of your current driver license. You must possess a mobile phone in your own name that we can verify through text message and you must be a registered user of Side by side share.

 

Application Process

The application process is usually easy and quick. When you rent your first UTV OR ATV, we ask for your payment information, your personal information and your Drivers’ License information or International Driver Permit so that we can ensure you meet our eligibility requirements. In most cases, the driver eligibility check takes seconds, as long as we can verify all of your information. Side by side share may use third party source(s) to complete your eligibility check and will not share information outside of this scope.

 

In some cases, we may need additional information for verification purposes, and you will be provided with these requirements when you attempt to book an UTV OR ATV, or you may go through our pre-approval process, so you’ll be ready when it’s time to book.

 

Account Registration

In order to access certain features of the Services, and to book an UTV OR ATV or create a Listing, you must register to create an account (“Side by side share Account”) and become a Member. You may register to join the Services directly via the Services or as described in this section.

 

You can also register to join by logging into your account with certain third-party social networking sites (“TPA”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your Side by side share Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Side by side share through the Services; or (ii) allowing Side by side share to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Side by side share and/or grant Side by side share access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Side by side share to pay any fees or making Side by side share subject to any usage limitations imposed by such third party service providers. By granting Side by side share access to any Third Party Accounts, you understand that Side by side share will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Side by side share Account and Side by side share Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Side by side share Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Side by side share’s access to such Third Party Account is terminated by the third party service provider, then TPA Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Side by side share Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Site and Application.

 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

 

Side by side share makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Side by side share is not responsible for any TPA Content.

 

We will create your Side by side share Account and your Side by side share Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a TPA as described above. You may not have more than one (1) active Side by side share Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Side by side share reserves the right to suspend or terminate your Side by side share Account and your access to the Services if you create more than one (1) Side by side share Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Side by side share Account, whether or not you have authorized such activities or actions. You will immediately notify Side by side share of any unauthorized use of your Side by side share Account.

 

UTV OR ATV Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the UTV OR ATV to be listed, including, but not limited to, the VIN, registration information, value, location, size, features, availability of the UTV OR ATV, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your UTV OR ATV via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your UTV OR ATV, the price for such booking may not be altered without contacting customer service. To have your vehicle insured through Side by side share, your vehicle must first pass the Side by side share vehicle requirements certification, must be inspected every 90 days, must be legally registered and cannot have a salvage title. Side by side share reserves the right to request inspection and service records as part of the insurance claims process. Insurance is not available for salvage title vehicles.

 

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, an UTV OR ATV in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) is in compliance with all applicable state, municipal and federal laws, Tax requirements, and rules and regulations that may apply to any UTV OR ATV included in a Listing you post, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of UTV OR ATVs and (b) not conflict with the rights of third parties. Please note that Side by side share assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations.

 

Side by side share is not responsible for any damages to an UTV OR ATV rented through the Side by side share site and you will hold Side by side share harmless for any claims related to damages, injury, insurance claims, towing, service or repairs, tolls, fines, traffic violations.

 

Side by side share reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Side by side share, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

 

You understand and agree that Side by side share does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your UTV OR ATV and uses your UTV OR ATV, any agreement you enter into with such Renter is between you and the Renter and Side by side share is not a party thereto. Notwithstanding the foregoing, Side by side share serves as the limited authorized agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

 

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your UTV OR ATV, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your UTV OR ATV. Any Member wishing to book UTV OR ATVs included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. More information on how to set such requirements is available via the “Owners” section of the Services.

 

If you are an Owner, Side by side share makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your UTV OR ATV. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

 

No Endorsement

Side by side share does not endorse any Members or any UTV OR ATVs. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.

 

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal or financial remedy from Side by side share with respect to such actions or omissions.

 

Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Side by side share regarding the remittance of payments received from a Renter by Side by side share on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled

 

“Limitation of Liability”- Bookings and Financial Terms

If you are an Owner and a booking is requested for your UTV OR ATV via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Side by side share in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s Side by side share Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an UTV OR ATV within such 24 hour period, any amounts collected by Side by side share 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, Side by side share will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.

 

The fees displayed in each Listing are comprised of the UTV OR ATV Fees (defined below) and the Renter Fees (defined below.) Where applicable, Taxes may be charged in addition to the UTV OR ATV Fees and Renter Fees. The UTV OR ATV Fees, the Renter Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s UTV OR ATV which are actually collected by Side by side share are the “UTV OR ATV Fees”. Please note that it is the Owner and not Side by side share who determines the UTV OR ATV Fees. The UTV OR ATV Fees may include cleaning fees, security deposits, pre-paid fuel charges, at the Owner’s discretion.

 

Side by side share charges fees to Renters based upon a percentage of applicable UTV OR ATV Fees, which are the “Service Fees” and an insurance fee, “Insurance Fees”, which is required by our insurance underwriter. The Service Fees and Insurance Fees are added to the UTV OR ATV Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Side by side share will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the UTV OR ATV Fees (less Side by side share’s Service Fees and Insurance Fees as defined in the Fees Policy to the Owner two business days after of when the Renter arrives at the applicable UTV OR ATV (except to the extent that a refund is due to the Renter). Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

 

Appointment of Side by side share as Payment Agent for Owner

Each Owner hereby appoints Side by side share as the Owner’s limited agent solely for the purpose of facilitating payments made by Renters on behalf of the Owner.

 

Each Owner agrees that payment of UTV OR ATV fees made by a Renter to payment processor, provided by Side by side share, shall be considered the same as a payment made directly to the Owner and the Owner will make the UTV OR ATV available to Renter in the agreed-upon manner as if the Owner has received the UTV OR ATV Fees. Each Owner agrees that Side by side share 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 UTV OR ATV Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, Side by side share assumes no liability for any acts or omissions of the Owner.

 

By using the payment functionality provided by Side by side share, you agree to the Stripe Terms of Service and Stripe Privacy Policy. You authorize Side by side share to collect and share with Stripe your personal information including full name, email address, and financial information for the purpose of creating a “Stripe Platform” account on your behalf, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Stripe account through Side by side share, and Stripe account notifications will be sent by Side by side share, not Stripe. Side by side share will provide customer support for your Stripe account activity.

 

Please note that Side by side share does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Side by side share reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Side by side share will provide notice of any such additional fees via the Services, prior to implementing such fees.

 

Bookings and Financial Terms for Renters

The Owners, not Side by side share, are solely responsible for honoring any confirmed bookings and making available any UTV OR ATVs reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of an UTV OR ATV, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules, and restrictions associated with such UTV OR ATV imposed by the Owner. You acknowledge and agree that you, and not Side by side share, will be responsible for performing the obligations of any such agreements, that Side by side share is not a party to such agreements, and that, with the exception of its obligations hereunder to pay UTV OR ATV Fees to the applicable Owner, Side by side share disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Side by side share is not a party to the agreement between you and the Owner, Side by side share acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Side by side share, which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Side by side share is responsible for remitting such amounts, less Side by side share’s Owner Fees, to the Owner. In the event that Side by side share does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Side by side share.

 

Listings for UTV OR ATVs will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Side by side share in its sole discretion) or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), any amounts collected by Side by side share will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter’s credit card will be released, if applicable.

 

You agree to pay Side by side share for any confirmed bookings made in connection with your Side by side share Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by cash or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Side by side share. You also authorize Side by side share to charge the Renter’s credit card in the event of damage caused on an UTV OR ATV as contemplated under “Damage to UTV OR ATVs” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is completed you will receive a confirmation email in Side by side share summarizing the confirmed booking.

 

You agree that you may not use the Side by side share Services and then complete a booking of an UTV OR ATV transaction outside of the Side by side share Services in order to circumvent the obligation to pay any portion of Service Fees related to Side by side share provision of the Services. If you circumvent any portion of the Service Fees related to the Side by side share Software, Side by side share reserves the right to reject or deny the related transaction as (i) a valid transaction, (ii) no insurance coverage will be applied to the rental and, (iii) all other insurance coverages may be suspended and, (iv) Side by side share will have no responsibility nor obligation to the parties engaged in the transaction.

 

You agree to pay Side by side share for the Total Fees for any booking requested in connection with your Side by side share Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Side by side share, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Side by side share receives confirmation of your booking from the applicable Owner, Side by side share will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Side by side share cannot control any fees that may be charged to a Renter by his or her bank related to Side by side share’s collection of the Total Fees, and Side by side share disclaims all liability in this regard.

 

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Side by side share or its third party payment facilitator. You agree to pay Side by side share for any confirmed bookings made in connection with your Side by side share Account in accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Side by side share or indirectly, via a third party online facilitating payments or by one of the payment methods described on the Services. You also authorize Side by side share to charge your credit card in the event of damage caused on an UTV OR ATV as contemplated under “Damage to UTV OR ATVs” below and for Security Deposits (as defined below), if applicable. If you are directed to Side by side share’s third-party payment facilitator, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is completed you will receive a confirmation email summarizing your confirmed booking.

 

Security Deposits

Side by side share’s Owners customarily include a security deposit in their Listings (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of UTV OR ATV, Side by side share will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s UTV OR ATV. Side by side share will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Side by side share is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

 

Service Fees

In consideration for providing the Services, Side by side share collects service fees from Owners and Renters (“Service Fees”). Service Fees are made up of three (3) components: (i) Renter Service Fees, (ii) an Owner Service Fee that is charged to the Owner based upon a percentage of the amount of the UTV OR ATV Fees (“Owner Fees”) and (iii) an Insurance Fee that is required by the company’s insurance underwriter. Where applicable, Taxes may also be charged in addition to the Owner Fees. Side by side share Fees are deducted from the UTV OR ATV Fees before remitting the UTV OR ATV Fees to the Owner, within 24 hours of when the Renter arrives at the applicable UTV OR ATV. Renter Fees are, as noted above, included in the Total Fees.

 

Balances will be remitted to Owners, by Side by side share, via payment methods described on Services. Remittance currency will be that of the destination bank provided by Owner. And, except as otherwise provided herein, Service Fees are non-refundable.

 

Renter Verification

 

As a Renter, you are required to provide certain personal information through the Side by side share renter verification program in order to rent insured UTV OR ATVs on Side by side share, asked to provide a valid (i) Driver’s License Number, State of Issue, your Name and Address, (ii) DOB, (iii) SSN, (iv) verification of at least 3 years driving experience, (v) completion of the renter questionnaire, (vi) current insurance provider, (vii), your international drivers permit and a valid Passport (for international renters).

 

Damage to UTV OR ATVs

 

As the operator of the UTV or ATV, you are responsible for leaving the UTV OR ATV in the condition it was in when you picked up the UTV OR ATV. You acknowledge and agree that as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the UTV OR ATV. In the event that an UTV OR ATV Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of a claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Side by side share Account. You agree that unless you have purchased or have been qualified for insurance through Side by side share that you will hold Side by side share harmless and that Side by side share has no responsibility for any damages that you cause to an owners’ UTV OR ATV or to any person. You also agree that as a renter, your personal insurance will act as primary to any coverage you purchase through Side by side share. Side by side share also reserves the right to charge the credit card on file in your Side by side share Account, or otherwise collect payment from you and pursue any avenues available to Side by side share in this regard, including using Security Deposits, in situations in which you have been determined, in Side by side share’s sole discretion, to have damaged the UTV OR ATV, including, but not limited to, in relation to any payment requests made by UTV OR ATV Owner, and in relation to any payments made by Side by side share to UTV OR ATV Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the UTV OR ATV to the applicable UTV OR ATV Owner or to Side by side share (if applicable).  If a vehicle has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed by the owner of the damaged vehicle before an insurance claim can be processed.

 

Both Renter and UTV OR ATV Owner agree to cooperate with and assist Side by side share in good faith, and to provide Side by side share with such information and take such actions as may be reasonably requested by Side by side share, in connection with any complaints or claims made by Members relating to UTV OR ATVs or any personal or other property located at an UTV OR ATV or with respect to any investigation undertaken by Side by side share or a representative of Side by side share regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Side by side share’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an UTV OR ATV Owner, at no cost to you, which process will be conducted by Side by side share or a third party selected by Side by side share with respect to losses for which the UTV OR ATV Owner is requesting payment from Side by side share under these terms.

 

Cancellations and Refunds

 

If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Side by side share will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the UTV OR ATV, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the UTV OR ATV Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Services.

 

If an Owner cancels a confirmed booking made via the Services, (i) Side by side share will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Side by side share containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Side by side share the Total Fees relating to the confirmed booking for the UTV OR ATV in the alternative Listing, in accordance with these Terms. If an Owner canceled a confirmed booking and you, as a Renter, have not received an email or other communication from Side by side share, please contact our support team via a support ticket.

 

Taxes

 

IRS regulation, regarding federal tax reporting requirements, stipulates that Side by side share must collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors.

 

Side by side share cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

 

Where applicable, or based upon request from an Owner, Side by side share may issue a valid VAT invoice to such Owner.

 

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:

 

violate any local, state, provincial, national, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;

use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;

use the Services for any commercial or other purposes that are not expressly permitted by these Terms;

copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

“stalk” or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Side by side share Renter or Owner;

offer, as an Owner, any UTV OR ATVs that you do not yourself own or have permission to rent

offer, as an Owner, any UTV OR ATV that may not be rented pursuant to the terms and conditions of an agreement with a third party;

register for more than one Side by side share Account or register for an Side by side share Account on behalf of an individual other than yourself;

contact an Owner for any purpose other than asking a question related to a booking such Owner’s UTV OR ATVs or Listings;

contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;

when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Side by side share, without Side by side share’s prior written approval;

use automated scripts to collect information or otherwise interact with the Services;

use the Services to find an Owner or Renter and then complete a booking of an UTV OR ATV transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Side by side share’s provision of the Services;

as an Owner, submit any Listing with a false or misleading price information or submit any Listing with a price that you do not intend to honor;

post, upload, publish, submit or transmit any Content that, in Side by side share’s sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or

deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive;

(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Services, or any individual element within the Services, Side by side share’s name, any Side by side share trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Side by side share’s express written consent;

access, tamper with, or use non-public areas of the Services, Side by side share’s computer systems, or the technical delivery systems of Side by side share’s providers;

attempt to probe, scan, or test the vulnerability of any Side by side share system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Side by side share or any of Side by side share’s providers or any other third party (including another user) to protect the Services or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;

attempt to scrape assets and content from the website

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Side by side share will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Side by side share may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Side by side share has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Side by side share reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Side by side share, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

 

Ownership

The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights, is the exclusive property of Side by side share and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.

 

Side by side share Content and Member Content License

Subject to your compliance with these Terms, Side by side share grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Side by side share Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Side by side share or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Side by side share 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 Member Content on, through, or by means of the Services or otherwise. Side by side share does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

 

You acknowledge and agree that you are solely responsible for all Member 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 Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Side by side share the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Side by side share’s use of the Member 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.

 

Insurance

Side by side share coverage for qualified vehicles and verified renters that have been approved by Side by side share for the insurance coverage. Insurance coverage is available only for renters during the rental period for rentals that are transacted through the Side by side share software and only where renters have successfully met the conditions stipulated in the verification process and where the vehicle meets the certifications and requirements stipulated in the listing process, and the maintenance and inspection schedule. In addition, insurance coverage is only made available to verified users where use of the Side by side share Services and the full and complete booking of a rental transaction is transacted through the Side by side share system. Any Owner who transacts any portion of rental outside of the Side by side share Services, such transaction will be entirely denied insurance protection. If any Owner circumvents any portion of Side by side share or Side by side share Service Fees, Side by side share reserves the right to reject or deny insurance coverage across all vehicles under management by the Owner or Agency, and all related transactions will be deemed invalid for insurance coverage, and Side by side share will have no responsibility or obligation to provide coverage to any of the parties. Rentals are only insurable in the U.S.  Any vehicle that attempts to Leave the United States will not be covered under the insurance program.

 

Unless otherwise stipulated in the insurance coverage, the Renter is responsible for all damage to the rental, missing equipment, down time, and the UTV OR ATV owner’s administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. Renter is responsible for loss due to theft of the rental. Renter is responsible for all damages due to vandalism of the rental. When accepting the rental, Renter and Agency or Owner must complete a thorough, comprehensive Walk-Thru report of the rental, noting in writing any and all defects or damage to the rental prior to Renter’s acceptance of the same. Renter and Owner must sign and date the UTV OR ATV Departure Checklist in order to qualify for insurance protection. Immediately prior to releasing the vehicle the owner is responsible for completing a full inspection of the interior and exterior of the vehicle with the renter, and must take photos or video to document its condition immediately prior to departure and immediately upon return. 

 

Upon return of the rental, the Owner must immediately inspect the rental and photograph or video record any damages, and report any losses to Side by side share within 48 hours of the end of the booking or return of the vehicle (whichever occurs first). Side by side share is not responsible for personal property left in the rental. All defects and/or damage to the rental noted in the return inspection which are not noted on the Walk-Through report completed by Renter and Owner when accepting the rental shall be the sole responsibility of Owner and Renter, and Renter shall reimburse the Owner for the cost of the repair. To the extent that the security deposit actually paid to the Owner is insufficient to cover the costs and damages incurred by Renter, Renter will make immediate payment to Side by side share (on behalf of the Owner), upon demand. Owner and Renter must report all accidents or incidents of theft or vandalism to the police as soon as Owner or Renter discover them and provide a copy of the police report to Side by side share. Renter must report all accidents involving the rental to Owner within 24 hours of occurrence and provide a copy of the accident report to Side by side share and the Owner.

 

Drivers

Renter acknowledges and agrees that no person shall be allowed to drive the rental who is not at least the age of 25, a holder of a valid driver’s license in his or her actual possession, and approved through Side by side share verification, insurance or through a third party insurance binder. Renters acknowledge that recreational rentals can handle differently from passenger cars. The rental requires more skill and expertise to operate safely than an automobile rental.

 

Renter and Owner represent and warrant that any person who operates the rental will have passed ID verification and will have the skill and expertise to do so safely and free from negligence. Renter acknowledges that the qualifications of any driver of the rental are solely at the discretion and risk of Renter and that Side by side share has not evaluated the skill and expertise of any such driver.

 

Renter acknowledges that Side by side share has no control over the number of passengers a Renter may allow into the rental or the conduct of those occupants while the rental is being operated. Therefore, Renter acknowledges that Renter is solely responsible for the passengers on board the rental as well as the conduct of those passengers, and Renter and Owner shall confirm that both driver and passengers are properly using seat belts while the rental is in motion.

 

Allowed Use of the Rental

All rentals are forbidden to be used on public roadways. Off road rentals must be used in areas that allow the rental to be operated safely and without damage. Under no circumstances may the rental be operated in racing or contests of any kind. Renter remains responsible for all damage to the rental, missing equipment, down time, and Owner’s administrative expenses connected with damage regardless of whether or not Renter is at fault. Any violation of these terms will result in loss of insurance coverage.

 

Under no circumstance shall:

The rental be driven outside the United States.

The Renter allow anything to be towed behind the rental unless specified.

Anyone be allowed on the roof of the rental.

Anyone occupy any towed rental while it is in motion.

The rental may not be taken into Mexico as Side by side share insurance is not valid in Mexico.

Insurance, Tickets, Tolls & Citations

Renter must purchase Side by side share provided insurance before renting. Insurance fees are collected in conjunction with the Service fees paid to Side by side share. Insurance fees may be adjusted without notice, and on a case by case basis depending upon the frequency and size of claims submitted by UTV OR ATV Owners or Agencies. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter’s contractual possession of the rental.

 

The laws of some states require us to furnish you with the following notices:

WARNING – Any person who knowingly:

 

Alaska: and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.

Arizona and Arkansas: presents a false or fraudulent claim for payment of a loss or benefit is subject to criminal and civil penalties, or specific to AR: presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

California, Louisiana, New Mexico and Texas: presents a false or fraudulent claim for the payment of a loss or benefit (or specific to LA and TX: who knowingly presents false information on an application for insurance) is guilty of a crime and may be subject to fines and confinement in state prison, (or specific to NM: to civil fines and criminal penalties.)

Delaware: and with intent to injure, defraud or deceive an insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.

Florida: and with intent to injure, defraud, or deceive any insurance company files a statement of claim containing false, incomplete, or misleading information is guilty of a felony of the third degree.

Idaho and Indiana: and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information (for Idaho) is guilty of and (for Indiana) commits a felony.

Kentucky, New York and Pennsylvania: and with intent to defraud any insurance company or other person files an application for insurance, or files a statement of claim, containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime, specific to PA: subjects such person to criminal and civil penalties and specific to NY: shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

New Jersey: files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.

Ohio: with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

Oklahoma: and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

Additional Warnings

Colorado: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

District of Columbia, Tennessee and Virginia: It Is a crime to knowingly provide false, incomplete or misleading information to an insurer or insurance company for the purpose of defrauding the insurer or insurance company, (or specific to DC: any other person.) Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

Hawaii: Presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.

Maine: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

Minnesota: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.

New Hampshire: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638.20.

Maintenance and Breakdown

Owners are responsible for inspecting brakes, tires and fuel systems every 90 days and shall keep maintenance records affirming that these systems are inspected at a minimum of each 90 days. Tires must be at fifty percent (50%) tread wear or greater for each rental. Rental Agency, Owner and Renters are responsible for inspecting all fluid levels including oil and coolant levels at each refueling. Rental Agency, Owner and Renter are responsible for checking air tire pressure, lug nuts and wheels at each refueling and are responsible for mechanical damages due to negligence in operation and/or maintenance.

 

Hauling and Delivery

All liability for damages relating to a delivered rental begins when the rental leaves the Rental Agency or Owners place of origin and ends when the rental is returned to the UTV OR ATV owner’s place of origin. This includes tire blowout, damage to the rental, or property of the facility where the rental is delivered and/or picked up.

 

Right of Possession

UTV OR ATV owners shall always have superior right of possession of the rental over Renter. In the event that the UTV OR ATV owner’s, officers or employees, in their sole and absolute discretion, determine that the rental is at risk of damage or loss, the UTV OR ATV owner shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Owner recovers a rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs.

 

General Requirements

Renter agrees not to drive in a careless or negligent manner while driving a Rented vehicle, nor drive while under the influence of alcohol or drugs, nor permit operation of the vehicle by any person except those who have signed the Side by side share rental agreement and have signed the UTV OR ATV Departure Form and who have passed Side by side share verification procedures. Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold Side by side share harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless Side by side share from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the rented unit. Unless prohibited by law, you release Side by side share from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.

 

Renter shall hold harmless, UTV OR ATV owners, Rental Agencies and Side by side share and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from my rental unit during rental possession extending to such time use is finalized and cleared by the UTV OR ATV owner or Rental Agency, including without limitations, latent and other defects whether or not discoverable by you or UTV OR ATV owner or Rental Agency. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by a formal request from UTV OR ATV owner, Agency or otherwise. It is agreed and understood that the UTV OR ATV owner, Agency and Side by side share may control the defense of any such claim. Any violation of these terms will result in denial of insurance coverage.

 

Damage to UTV OR ATVs

The Renter is responsible for leaving any rented UTV OR ATV in the condition it was in when they picked up the UTV OR ATV. Renter and Owner acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the UTV OR ATV. In the event that an UTV OR ATV Owner or Rental Agency claims otherwise and provides evidence of damage, including but not limited to, photographs, you, the Renter, agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the security deposit payment will be charged to and taken from the Renter’s credit card on file in the Side by side share system. You agree that unless you have purchased or have been qualified for insurance through Side by side share that you will hold Side by side share harmless and that Side by side share has no responsibility for any damages that are caused to an UTV OR ATV or to any person. Side by side share also reserves the right to charge the credit card on file, or otherwise collect payment from you and pursue any avenues available to Side by side share in this regard, including using Security Deposits, in situations in which you have been determined, in Side by side share sole discretion, to have damaged the UTV OR ATV, including, but not limited to, in relation to any payment requests made by the Owner or Agency, and in relation to any payments made by Side by side share to Owners or Rental Agency.

 

UTV OR ATV Owner and Renter agree to cooperate with and assist Rental Agency or UTV OR ATV in good faith, and to provide Rental Agency or UTV OR ATV with such information and take such actions as may be reasonably requested by Rental Agency or UTV OR ATV, in connection with any complaints or claims made by Renters relating to UTV OR ATVs or any personal or other property located at a UTV OR ATV or with respect to any investigation undertaken by Rental Agency or UTV OR ATV or a representative of Rental Agency or UTV OR ATV regarding use or abuse of the Rental Agency or UTV OR ATV Services. You agree to participate in mediation or similar resolution process, which process will be conducted by Rental Agency or UTV OR ATV or a third party selected by Rental Agency or UTV OR ATV with respect to losses for which the UTV OR ATV Owner is requesting payment from Rental Agency or UTV OR ATV under these terms. Any violation of these terms of service will result in the denial of insurance coverage.

 

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Side by side share is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Side by side share of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Side by side share used herein are trademarks or registered trademarks of Side by side share. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback through our support portal via a support ticket. You acknowledge and agree that all Feedback will be the sole and exclusive property of Side by side share and you hereby irrevocably assign to Side by side share and agree to irrevocably assign to Side by side share all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Side by side share’s request and expense, you will execute documents and take such further acts as Side by side share may reasonably request to assist Side by side share to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

Copyright Dispute Policy

Side by side share respects copyright law and expects its users to do the same. It is Side by side share’s policy to terminate in appropriate circumstances the Side by side share Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

Termination and Side by side share Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Side by side share Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event, Side by side share terminates these Terms, or your access to our Services or deactivates or cancels your Side by side share Account you will remain liable for all amounts due hereunder. You may cancel your Side by side share Account at any time by contacting us via a support ticket. Please note that if your Side by side share Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

 

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SIDE BY SIDE SHARE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SIDE BY SIDE SHARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SIDE BY SIDE SHARE MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY UTV OR ATVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SIDE BY SIDE SHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, UTV OR ATVS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIDE BY SIDE SHARE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT SIDE BY SIDE SHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY UTV OR ATVS. SIDE BY SIDE SHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SIDE BY SIDE SHARE.

 

NOTWITHSTANDING SIDE BY SIDE SHARE’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, SIDE BY SIDE SHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY UTV OR ATVS VIA THE SERVICES,  AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER SIDE BY SIDE SHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY UTV OR ATV VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SIDE BY SIDE SHARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL SIDE BY SIDE SHARE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY UTV OR ATV VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY UTV OR ATV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY SIDE BY SIDE SHARE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIDE BY SIDE SHARE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to release, defend, indemnify, and hold Side by side share and its affiliates and subsidiaries, and their officers, directors, employees 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 (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a UTV OR ATV, (iii) creation of a Listing or (iv) the use, condition or rental of a UTV OR ATV by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a UTV OR ATV.

 

Export Control and Restricted Countries

By using the Services, you represent and warrant that (i) neither you nor your listed UTV OR ATV is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Side by side share does not permit Listings associated with certain countries due to U.S. embargo restrictions.

 

Reporting Misconduct

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Side by side share by contacting us with your police station and report number via a support ticket; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. You agree that you are required to resolve any claim related to a payment dispute or an insurance dispute that you may have with Side by side share and any other related party on an individual basis in arbitration, as set forth in the Arbitration section below.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Side by side share and you regarding the Services, Collective Content, and any bookings or Listings of UTV OR ATVs made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Side by side share and you regarding the foregoing.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Side by side share’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

 

Side by side share may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Side by side share (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Utah, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state or federal court located in Utah County, Utah for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

 

Dispute Resolution

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE PAYMENT AND INSURANCE DISPUTES WITH SIDE BY SIDE SHARE AND OTHER PARTIES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

By agreeing to the Terms, you agree that you are required to resolve any claim related to a payment dispute or an insurance dispute that you may have with Side by side share and any other related party on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against Side by side share and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Side by side share by someone else.  Except for disputes relating to payment or an insurance dispute, Side by side share reserves all of its rights to bring any other dispute in any court of competent jurisdiction. The costs and expenses of arbitration, including the fees of the arbitrators but excluding any attorneys’ fees, shall be advanced by Side by side share, but will ultimately be borne by the non-prevailing party.

 

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing rhsbpropertiesllc@gmail.com prior to any dispute arising with Side by side share.

 

You and Side by side share agree that any dispute, claim or controversy related specifically to a payment or insurance claim, under $25,000 in value arising out of or relating to the company’s Terms, whether between you and Side by side share or between you and other Side by side share user, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered by FairClaims (www.FairClaims.com) and not in a court of law, in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

You consent to electronic service of process, with service to be made to the email address we have on record for your account. You acknowledge and agree that you are 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. Unless both you and Side by side share otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Side by side share each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction relating to any dispute that is properly the subject of this arbitration agreement.

 

You agree that any and all communications and evidence related to any payment, charge or insurance dispute ultimately resolved by arbitration or mediation with FairClaims arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or Side by side share, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Side by side share or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and Side by side share.

 

You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action.

 

Notwithstanding any choice of law or other provision in this agreement, the parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and FairClaims Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and FairClaims Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the State of Utah.

 

You and Side by side share agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Further, unless both you and Side by side share 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

 

Arbitration Rules and Governing Law. The arbitration will be administered by 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 by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_0043q14.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Utah and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

Arbitration Location and Procedure. Unless you and Side by side share otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Side by side share submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, 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.

 

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 based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the 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. If you prevail in arbitration you will be entitled to an award of attorney’s fees and expenses, to the extent provided under applicable law. Side by side share will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

 

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. The costs and expenses of arbitration, including FairClaims fees and the fees of the arbitrators (but excluding any attorneys’ fees), shall be advanced by Side by side share, but will ultimately be borne by the non-prevailing party.

 

Changes. Notwithstanding the provisions of the “Modification” section above, if Side by side share changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Side by side share’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Side by side share in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

General

The failure of Side by side share to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Side by side share. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

Side by side share UTV OR ATV Rental Agreement

This UTV OR ATV Rental Agreement (“Agreement”), along with the Side by side share Terms of Service and Policies, which are incorporated herein by reference, is made by and between the persons listed in the booking details page of your Side by side share account, namely the Renter and the UTV OR ATV Rental Owner (“Dealer” or “Owner”) for the rented vehicle (the “Rental”). Renter and Owner are referred to collectively herein as the “Parties”.

 

The terms and conditions of this Agreement shall survive the end of the rental period and remain in full force and effect. Where Renter has released and/or indemnified Owner, it has also released and/or indemnified Owner’s officers, directors, employees, agents, affiliates, and the vehicle’s owner of record.

 

By entering into a confirmed booking, Renter and Owner acknowledge that they read the terms of this Agreement and agree to such terms before being asked to exchange possession of the Rental. Additionally, Renter permits Side by side share to process a charge to the card listed on file for all rental and claim related charges due under this Agreement.

 

The Parties have read and agree to the terms and conditions of this Rental Agreement and thereby give their consent to the Agreement and acknowledge that by completing a booking that Renter is the designated primary driver and will take full responsibility for any damage or incidents occurring during the rental period. Renter understands and acknowledges that if Renter purchased an Side by side share protection package only verified drivers are allowed to drive or operate the rental vehicle.

 

Rental Agreement Terms and Conditions

 

Renter and Owner​. The “Renter” shall mean the individual person completing a booking using his/her Side by side share account. The “Owner” (also referred to herein as the “Dealer”) shall be the individual person or legal person (e.g. corporation, LLC, etc.) accepting a booking using her/her/its Side by side share account. Renter acknowledges that Dealer may not own the Rental it is renting to Renter, and rents the Rental pursuant to a valid third-party agreement with the owner of the unit. Dealer represents and warrants that it has the legal authority to enter into a booking and renting the Rental.This agreement is not assignable by Renter.

Rental​. The “Rental” means the motorized vehicle rented by the Renter from the Owner, and includes tires, tools, key fobs, keys, equipment, included plates, documents and other products or property provided by the Owner with the vehicle.

RENTER ACCEPTS RENTAL “AS IS” WITH ALL FAULTS AND WITHOUT RESERVATION. OWNER (INCLUDING THE TITLED OWNER OF THE RENTAL) DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION OR QUALITY, PERFORMANCE, UTILITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

Renter agrees that Owner shall always have a superior right of possession of the Rental over Renter. In the event that Owner, in its sole and absolute discretion, determines the Rental is at risk of damage or loss, Owner shall have the absolute right to recover the Rental from Renter regardless of the amount of time remaining in the Rental Period. In the event Owner recovers a Rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs. Owner agrees that Renter is wholly responsible for these charges and will hold Side by side share harmless.

 

3. Rental Period. The “Rental Period” begins when the Owner provides the Renter with the keys, and turns over possession, custody and control of the Rental to the Renter. The Rental Period ends upon the completed return of the Rental to the Owner. Insurance will only apply to the dates that are booked during the rental agreement.

 

For rentals involving the delivery of the Rental by Owner, Renter’s responsibility for the Rental and liability for damages relating to delivered rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Owner or their designated delivery driver. Any damage that occurs during the delivery of the Rental is the responsibility of the Owner up to the amount of the deductible.

 

Renter and Owner understand and acknowledge that they should not enter into a booking and key exchange unless they agree and accept the terms of this Agreement, as well as Side by side share’s other Terms of Service and Policies. A confirmed booking is an express agreement to this Agreement and Side by side share’s Terms of Service and Policies.

 

4. Who May Drive and Proper Operation of the Rental​. Only the Renter who completes the booking (the “Primary Driver”) and qualifies as a “Permitted Driver,” and other persons designated and identified as drivers at the time of booking and verified by Side by side share (“Permitted Drivers”) may drive and operate the Rental. Permitted Drivers may only drive and operate the Rental with the express prior permission from Renter, and Renter shall be fully responsible for any and all damages, incidents, tolls, tickets, and other acts and omissions involving the Permitted Drivers while operating or driving the Rental, or caused by or involving the Permitted Drivers.

 

The Renter represents to Owner and Side by side share that Renter and other Permitted Drivers are capable and validly licensed drivers, and will remain capable and validly licensed drivers during the term of the rental.

 

Renter further acknowledges and agrees that no person shall be allowed to drive the Rental who is not at least the age of 25 and a holder of a valid driver’s license (in his or her actual possession). Drivers over the age of 25 must be approved through Side by side share’s verification process.

 

Renter acknowledges that recreational rentals can handle differently from passenger cars. The Rental requires more skill and expertise to operate safely than a passenger car rental. Owner acknowledges that it is their responsibility to inform Renter of the limitations of their Rental, including clearance heights and widths and other operating instructions. Renter agrees to never operate the Rental on public roadways. Under no circumstances may the Rental be operated and used for competition or racing purposes.

 

Spotters are recommended to assist the driver loading or backing the rental. Renter acknowledges that Owner has no control over the number of passengers a Renter may allow into the Rental or the conduct of those occupants while the Rental is being operated. Therefore, Renter acknowledges they are solely responsible for the passengers on board the Rental as well as the conduct of those passengers. Renter also acknowledges they will confirm that both driver and passengers are properly using seat belts while the Rental is in motion.

 

5. Prohibited Use of the Rental​.The Renter and Permitted Drivers shall not drive in a careless, negligent, reckless or unlawful manner. Certain uses of the Rental and other actions the Renter or Permitted Drivers may take, or fail to take, will violate this Rental Agreement and Side by side share’s Terms of Service and Policies. ​A VIOLATION OF THIS PARAGRAPH, AS DEFINED BELOW, ALLOWS OWNER OR SIDE BY SIDE SHARE TO TERMINATE RENTER’S BOOKING AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT RENTER HAS ACCEPTED, INCLUDING BUT NOT LIMITED TO INSURANCE COVERAGE AND ROADSIDE ASSISTANCE. IT ALSO MAKES RENTER FULLY LIABLE TO OWNER AND SIDE BY SIDE SHARE FOR ALL PENALTIES, FINES, FORFEITURES, LIENS, DAMAGES, AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT OWNER OR SIDE BY SIDE SHARE MAY INCUR.

 

It is a violation of this Paragraph if any of the following occurs:

 

A. Renter uses or permits the Rental to be used: (1) by anyone other than a Permitted Driver; (2) to carry passengers or property for hire or more passengers than the Rental has seat belts to carry; (3) to tow or push anything, unless specified by Owner; (4) in the case of a towable, to allow occupants to be inside the towable when in motion; (5) to be operated in a test, race or contest or off road; (6) while the driver is under the influence of alcohol, any controlled substance, including without limitation any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; (7) for unlawful purposes or for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; (8) recklessly or while overloaded; (9) if the Rental is driven into a jurisdiction or to a location or event not permitted by Owner or Side by side share (e.g., into Mexico or attending an unauthorized festival such as Burning Man); (10) Renter materially misrepresents the intended use or destination of the Rental; (11) Renter or Dealer violates the Side by side share Terms and Conditions.

 

B. Pets or other animals (​aside from service animals​) are allowed into the Rental without prior permission from the Owner. Owners agree to comply with all law, including the federal Americans with Disability Act (ADA). The ADA requires that service animals are harnessed, leashed, or tethered, unless the use of these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In such cases, the individual must maintain control of the animal through voice, signal, or other effective controls. Pet fees for service animals may not be charged; however, the Owner may collect fees for any damage sustained to the Rental by the service animal.

 

C. The Rental is used on a public road.

 

D. Anyone is on the roof of the Rental.

 

E. Renter or an additional driver, whether authorized or not: (1) fail to promptly report to Side by side share and Owner any damage to or loss of the Rental when it occurs or when Renter learns of it and provide Side by side share and Owner with a written accident/incident report or fail to cooperate with Side by side share’s investigation; (2) where required by law, failed to report an accident to law enforcement; (3) obtained the Rental through fraud or misrepresentation; (4) leave the Rental and fail to remove the keys and the Rental is stolen or vandalized; or (5) intentionally or with willful disregard cause or allow damage to the Rental.

 

F. Renter or an additional driver, whether authorized or not, return the Rental after hours agreed-upon with Owner and the Rental is damaged, stolen or vandalized, or Renter otherwise fails to take reasonable steps to secure the Rental, its keys, key fobs, or other remote entry and starting devices.

 

G. Driving or operating the Rental while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of the Rental Agreement.

 

6. Tolls, Fines, Expenses, Costs and Administrative Fees. ​Renter agrees to report to the Owner and pay for all tolls and tickets (including for parking and moving or stationary traffic violations) incurred during the Rental Period. Renter agrees to pay or reimburse Side by side share and Owner for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of the rental. Renter will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, Terms of Service or other Policies, such as for repossessing or recovering the Rental for any reason. Renter agrees that Side by side share or Owner may, in their sole discretion, pay all tickets, citations, fines, penalties and interest on Renter’s behalf directly to the appropriate authority and Renter will pay Side by side share or Owner what was paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses incurred. Renter agrees and acknowledges that Side by side share and Owner may cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.

 

Renter authorizes Side by side share to release the rental and credit/debit card information regarding the rental to any agent Side by side share may authorize to act on its behalf for the purpose of processing and billing Renter for any tickets, citations, fines and penalties incurred by Renter or assessed against Side by side share, the Owner or the Rental during the rental plus a reasonable administrative fee. Renter authorizes Side by side share’s agent to bill Renter directly to the credit/debit card used to book the rental. Renter authorizes Side by side share’s agent to contact Renter directly regarding any tickets, citations, fines and penalties incurred by Renter or assessed against Side by side share, the Owner or to Rental while its was rented to Renter.

 

In the event Side by side share uses a third party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, Renter agrees to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest.

 

Renter acknowledges that Renter has no right to contest any such infraction or enter any plea other than guilty or no contest unless Side by side share or Owner consent to such action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.

 

Renter agrees to indemnify and hold Side by side share and Owner and any other agent Side by side share authorizes harmless for any such tickets, citations, fines, penalties, interest and administrative fees.

 

7. Departure Policy​. Owner shall ensure that the Rental Renter is picking up is clean on the interior and exterior and is in a safe and roadworthy condition. ​If it is not, or if any of its components are not working as expected at any point in Renter’s trip, the ​Renter must notify Side by side share immediately by contacting Customer Support at 801-850-8274. Renter should submit photos or videos of any visible defects. ​Failure to do so may result in a denial of a reimbursement or dispute request following completion of the booking.

 

Owner agrees that they will take photos or video within 24 hours of departure of the exterior and interior of the Rental or insurance coverage will not apply.

 

Owner and Renter acknowledge it is their joint responsibility to ensure towables are properly hitched at the time of departure, with appropriately sized ball mounts and sway bars as necessary. Renter further acknowledges that their vehicle has sufficient towing capacity. Failure to do so may result in the denial of any damage claims.

 

8. Hauling and Delivery​. Renter’s liability for damages relating to delivered Rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Owner or their designated delivery driver. Any damage that occurs during the delivery or return of the Rental is the responsibility of the Owner up to the amount of the deductible.

 

9. Return Policy. Renter agrees to return or leave the rental unit no later than the checkout time indicated on the Booking Confirmation or such other time as mutually agreed to by the Owner. If Renter cannot drop Rental off on the scheduled date of return, Renter must extend the rental solely on the Side by side share platform with Owner’s permission. Renter agrees that Renter no longer has permission to stay in the Rental in the event that the unit is not vacated or returned by the return date, and Owner is entitled to make Renter vacate the Rental and return all property and keys in a manner consistent with local, state, and federal law. In addition, Renter agrees that their credit card on file will be charged a one-time $30.00 administrative fee plus the hourly rental rate based on a prorated daily rental rate for the rental unit for each hour the Rental is late. Renter agrees that their credit card on file will be charged a $100.00 administrative fee plus the full daily rate for every eight (8) hours the Rental is late in the event that the Owner must cancel another confirmed and paid for Side by side share booking due to the late return. The Rental must be returned in the same condition as it was at the time of pickup (clean on the interior and exterior and in full working order). Dealer and Renter should take photos of the unit at the time of return. Any variable charges may be assessed and charged against the security deposit. (https://www.side by side share.com/service-fees​).

 

Owner agrees that they will take photos within 48 hours of return of the exterior and interior of the Rental or insurance coverage will not apply.

 

10. In the event of any loss or damage to the Rental, or any personal property or bodily injury claim that occurs during the Rental Period due to any cause regardless of fault, including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, wind, hail or other acts of nature or God, Renter is responsible and is required to pay up to the deductible outlined in the ​insurance policy. In the event Renter has violated this Agreement or Side by side share’s Terms of Service or Policies, Renter will be held responsible for the full amount of the claim including any insurance deductible.

 

When accepting the Rental, Renter and Owner, or authorized representative of Owner, will complete and sign the Departure Form for the Rental, noting in writing and/or time stamped photos, digitally or electronically, any and all defects or damage to the Rental prior to Renter’s acceptance of same.

 

Upon return of the Rental, Renter and Owner, or authorized representative of Owner, must document the condition of the Rental via photos up to 24 hours before the trip starts and no later than 48 hours after the trip ends. This is a requirement for insurance coverage. Both Parties may also use the Departure and Return forms to supplement the photos, but understand this is not a qualified substitute for the photo requirements. Departure and Return forms cannot be altered after signing without the express written consent and signing by both Parties. Any alterations made without the express consent of Renter or Owner may result in any claims being denied. Side by side share and Owner are not responsible for personal property left in the Rental. All damage to the Rental noted in the executed Return Form which is not listed in the executed Departure Form shall be the sole responsibility of Renter. Renter shall reimburse the Owner for the cost of the repair if Side by side share deems Renter is responsible for the damage.

 

To the extent that the security deposit paid to Owner is insufficient to cover the damages incurred by Renter, Renter will pay Owner the difference via the qualified insurance policy or out of pocket if such damage is not covered under the insurance policy. Renter must report all accidents or incidents of theft or vandalism to the police as soon as discovered and to the Owner via Side by side share message, and provide a copy of the police report to Owner and Side by side share. Renter must report all accidents involving the Rental to Owner within 24 hours of the occurrence and provide a copy of the accident report to the Owner. In the event of vandalism or if damage occurred as a result of vandalism or a hit and run, no insurance claim can be processed without a police report. Owner must report all accidents involving the Rental to Side by side share within 48 hours of return of the Rental and provide supporting documentation such as photos, video, police report or statements.

 

If the Rental is returned to Owner outside of regular business hours, Renter shall remain responsible for any damage or theft of the Rental occurring prior to Dealer’s acceptance of the return of the Rental during regular business hours, up to a limit of 48 hours. If Renter provides photos of the UTV OR ATV at the time of dropoff that clearly indicate no damage sustained, Side by side share will make a determination as to the validity of any subsequent claims.

 

11. Indemnification and Waiver by Renter. ​Renter shall forever defend, indemnify, and hold Side by side share and Owner (including but not limited to the titled owner), and their officers, directors, employees, agents, and parent and affiliated companies, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any manner from this rental transaction or from the use during the Rental Period by Renter or any person, including claims of, or liabilities to, third parties or resulting from latent or other defects whether or not discoverable by Renter or Owner. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from Dealer or otherwise. It is agreed and understood that Owner or Side by side share has the right to control the defense of any such claim.

 

RENTER WAIVES AND RELEASES SIDE BY SIDE SHARE AND OWNER FOR ANY CLAIM OR LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR COSTS ARISING FROM OR RELATED TO THE RENTAL REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER OWNER OR SIDE BY SIDE SHARE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.

 

12. Owner’s Limitation of Liability. THE RENTER AGREES, ON BEHALF OF HIMSELF/HERSELF AND ANY PASSENGERS OR USERS OF THE RENTAL, THAT THEIR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE OR LOSS RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY RENTER TO OWNER UNDER THIS AGREEMENT.

 

13. Indemnification and Waiver by Owner. Owner shall forever defend, indemnify, and hold Side by side share, and its officers, directors, employees, agents, and parent and affiliated companies, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any manner from this rental transaction or from the use of the Rental by Renter or any person, including claims of, or liabilities to, third parties.​ OWNER WAIVES AND RELEASES SIDE BY SIDE SHARE AND RENTER FOR ANY CLAIM OR LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE RENTAL OR BOOKING.

 

14. Side by side share’s Limitation of Liability. RENTER AND OWNER AGREE THAT SIDE BY SIDE SHARE’S AGGREGATE TOTAL LIABILITY UNDER ANY THEORY WHATSOEVER IN CONNECTION WITH ANY RENTAL OR BOOKING SHALL NOT EXCEED THE TOTAL SERVICE FEES EARNED AND RECEIVED BY SIDE BY SIDE SHARE FOR SUCH BOOKING. IN NO EVENT SHALL SIDE BY SIDE SHARE, ITS AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN ADDITION, SIDE BY SIDE SHARE IS NOT LIABLE FOR ANY LOST PROFITS OR REVENUES, INCLUDING DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DATA LOSS, FRAUD LOSSES, LOSSES OF BUSINESS OPPORTUNITIES, LOSSES DUE TO CRIMINAL CONDUCT BY OWNER, RENTER, PASSENGERS OR THIRD PARTIES, LOSSES IN CONNECTION WITH CHARGEBACKS, PAYMENT PROCESSOR DISPUTES, LOSSES DUE TO THE CONDUCT OF PAYMENT PROCESSORS, LOSSES DUE TO FALSE FRAUD SCREENING OR IN ANY OTHER WAY IN CONNECTION WITH OR ARISING OUT OF THE RENTAL OR BOOKING, RENTER OR OWNER’S USE OF THE SIDE BY SIDE SHARE TECHNOLOGY PLATFORM OR IDENTITY VERIFICATION SERVICES, FAILURES OF THE INTERNET, SYSTEMS, COMPUTER FAILURES, AND TAXES OR DUTIES, WHETHER THE DAMAGE CLAIMS ARE BASED IN CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY.

 

15. Property in the Rental. ​Side by side share and Owner are not responsible for loss of, theft, or damage to any property in or on the Rental, in any service vehicle, such as a transit van or bus, on Side by side share’s or Owner’s premises, or received or handled by them, regardless of who is at fault. Renter will be responsible to Side by side share and Owner for claims by others for loss or damage caused by renter’s property.

 

16. Rental Fees and Charges​. By entering into a confirmed booking, Renter acknowledges that he/she has been given an opportunity to read the terms of this Agreement and terms of the Services before being asked to take possession of the Rental. Additionally, Renter expressly authorizes Side by side share to process a charge to the credit card(s) listed on file for all rental and claim related charges due under this Agreement or Side by side share’s Terms of Service and Policies. All rental fees and other charges must be paid prior to the Rental pickup, including security deposits. Failure to pay all rental fees and other charges, including security deposit, may result in the cancellation of the Rental and forfeiture of Rental fees.

 

17. Security Deposit & Authorization​. A security deposit from Renter is required two days prior to pick up ​and will be refunded when all costs are paid pursuant to the terms of this Agreement and the Side by side share Terms of Service. The amount of the security deposit is stated in the booking confirmation. Owner may use Renter’s security deposit to pay any amounts owed under this Agreement. If the amount of the security deposit is insufficient to satisfy all amounts due, Renter agrees to pay all charges in excess, either by use of the credit card provided or some other agreed upon means.

 

Minimum requirements for return of the security deposit include:

 

At the time of return, Rental is cleaned to the same condition or better than when picked up;

Fuel levels are equal to or above the level provided at the time of departure handoff;

No damage sustained to the Rental (including interior damage);

All variable charges including, but not limited to: mileage, tolls, parking or other tickets are paid in full. At the time of rental, a charge will be authorized by Renter to cover any amounts payable pursuant to this Agreement and the Terms of Service, and by accepting the Rental Renter understands and expressly consents to use of the charge card for such purposes.

Owner has up to 48 hours from the return of the unit to inspect the unit for damages and notify Side by side share by filing a claim, as well as contact Renter via email or dashboard message. The security deposit will be returned automatically within 7 days if there are no damages to the Rental or ancillary overages or fees due. Notwithstanding the foregoing, as described herein, certain charges (e.g., tickets, toll fees, etc.) will be charged to Renter at the date of discovery by Owner.

 

AS DESCRIBED IN THIS AGREEMENT OR THE SIDE BY SIDE SHARE TERMS OF SERVICE AND POLICIES, ALL APPLICABLE CHARGES WILL BE DEDUCTED FROM THE SECURITY DEPOSIT, INCLUDING BUT NOT LIMITED TO:

 

Smoking: No smoking is allowed in the Rental unless expressly authorized by the Owner in the booking. Smoke odors in returned Rentals will result in additional fees set by Owner

Interior Damage: Renter is fully responsible for any and all damage to the interior of the Rental. For any damages not covered under insurance policy, Owner will deduct the balance from the security deposit, and Renter agrees to pay any balance above the security deposit and/or Damage Protection coverage limit.

18. Maintenance. Owner is responsible for checking all fluid levels (e.g., oil and coolant), air tire pressure, lug nuts and wheels immediately prior to rental departure and must complete a safety inspection within 90 days prior to each booking. Should a breakdown or tire blowout occur due to lack of maintenance, wear and tear or manufacturer defect, Owner acknowledges their claim may be denied. Side by side share reserves the right to request inspection and maintenance records dated within 90 days of the start of the booking and performed by a certified mechanic. Owner acknowledges that a claim or dispute may be denied if there are missing or insufficient maintenance records.

 

19. Repairs and Roadside Assistance​. In the unlikely event of a breakdown or mechanical issue with the Rental during the Rental Period, Side By Side Share does not offer any Repair or Roadside assistance at this time. Owner and Renter should communicate what process or services that may be required in the event of a breakdown.  Communication is very important. Renter is responsible for the vehicle at all times and should never abandon or leave the vehicle unattended. In the event of a medical emergency, Renter must notify owner of the location of vehicle and equipment. Renter acknowledges that any costs related to retrieving the vehicle will be passed onto the renter.  Breakdowns can happen due to various causes. Any damage due to impact is the renter responsibility and may require an insurance claim, collecting the security deposit, or further charges to the card on file, or other means of collection from renter.  Some breakdowns may not be the responsibility of the renter and may be the owner responsibility. Any and all breakdowns are taken on a case by case basis. Side by Side Share may offer solutions or assist in resolving disputes over charges as a result of a breakdown, but is NOT bound by any means to be responsible for a solution. Ultimately the dispute is the responsibility of the Owner and Renter.

 

20. Insurance & Costs​. Renter is responsible for all damages or losses caused to themselves, their property, the Rental, and/or third parties if Side by side share deems Renter responsible. Renter must be approved for insurance for the Rental through Side by side share. Renter is solely responsible for any and all parking tickets, citations, toll charges and other charges issued during Renter’s possession of the Rental. Renter acknowledges that any insurance outside of the Side by side share insurance policy is primary over the coverage provided in with the rental. ​Except where required by law to be primary or excess, any protection provided through Side by side share shall be secondary to, and not in excess of, any applicable insurance available to Renter, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way.

 

21. Disputes​. The parties agree that all disputes or claims arising out of or relating to this Agreement or Renter’s use of the Rental (whether based in contract, tort, statute, or any other legal theory) will be governed by the arbitration and dispute resolution procedures described in ​Side by side share Terms and Conditions​. The Parties further agree that such arbitrations shall be conducted in the County where the Owner has its primary residence or place of business nearest to where the Rental was picked up. This Agreement shall be construed in accordance with the laws of the state of Owner’s principal place of business or primary residence. Renter agrees that in the event Owner prevails in a suit to enforce this Agreement, Owner shall be entitled to recover all its costs and reasonable attorney’s fees incurred in that action.

 

22. Cooperation​. The Parties agree to cooperate and coordinate with Side by side share and each other generally and to take any actions Side by side share reasonably requests in connection with (i) this Rental Agreement, (ii) the pickup, use and return of the Rental, and (iii) any disputes, actions, proceedings, suits, and investigations related to the Rental or Renter’s use of the Rental, including without limitation, execution and delivery of any documents Side by side share reasonably requests, giving testimony under oath, and taking any other actions Side by side share reasonably requests related to this Rental Agreement or the Rental or the rental transaction.

 

Unless prohibited by law, Renter releases Dealer and Side by side share from any liability for consequential, special, and/or punitive damages in connection with the Rental. Renter shall hold harmless other client owners, Dealer, Side by side share and its authorized agents and employees from and against any and all loss, bodily injury, damages, and expenses, including legal expenses, of any kind arising from the Rental during Renter’s possession extending to such time the Rental is completed and cleared by Dealer, including without limitations, latent and other defects whether or not discoverable by Renter or Dealer. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from Dealer or otherwise. It is agreed and understood that Dealer may control the defense of any such claim.

 

Additional Conditions

This Agreement does not create any type of partnership between Renter and Dealer or Rental Owner. This Agreement may not be cancelled or modified except in writing signed by all parties.

 

RENTER FURTHER HEREBY AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS DEALER AND RENTAL OWNER FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY GROWING OUT OF THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFORE AS CHOSEN AND DIRECTED BY DEALER AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIM OR LAWSUIT THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF DEALER ANO/OR THE RENTAL OWNER.

 

RENTER UNDERSTANDS AND AGREES THAT AS PART OF THE CONSIDERATION OF DEALER RENTING THE VEHICLE TO RENTER, RENTER DOES HEREBY ASSIGN TO DEALER ANY CAUSE OF ACTION JUDGMENT OR SETTLEMENT AS THE RENTER MAY HAVE AGAINST ANY PERSON, FIRM OR CORPORATION, INCLUDING BUT NOT LIMITED TO DEALER AND/OR THE RENTAL OWNER, TO SECURE SATISFACTION AND DISCHARGE OF ANY JUDGMENT OVER AND AGAINST DEALER AND/OR THE RENTAL OWNER FOR ACTUAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, AND/OR CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, STATUTORY, CONTRACTUAL OR OTHERWISE.

 

Contacting Side by side share

If you have any questions about these Terms of Service, please contact Side by side share Support via a support ticket.