Last Updated: Oct 23rd, 2019
Please read the following terms of service, also referred to as the rental agreement, which is part of the terms, carefully. By accessing the Site, Applications or Services of ClubShare, you agree to be bound by these Terms, as amended from time to time. If you do not agree to these Terms, you are prohibited from using or accessing the Site, Application, or Services.
You understand and agree that ClubShare is not a party to any agreements entered into between Owners and Renters (defined below). ClubShare is not a broker, agent, or insurer and has no control over the conduct of Owners, Renters, and other users of the Platform or any Equipment, and disclaims all liability in this regard.
ClubShare reserves the right, in our sole discretion, to modify the Platform or to modify these Terms, including the Service Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application to provide you with notice of the modification or we will email you at the email address associated with your ClubShare Account. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Platform after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform.
The Platform is offered and available to Users who are eighteen (18) years of age or older who can form legally binding contracts. By using the Platform, you represent and warrant that: 1) you are at least eighteen (18) years old; 2) you can form a binding contract with ClubShare and other Users; 3) you submitted accurate and truthful account, registration, identity, and verification information and documents; and 4) you meet all of the foregoing eligibility requirements. Must be U.S. citizen with valid government I.D. Valid government I.D. required. If you do not meet all of these requirements, you must not access or use the Platform. Any use of the Platform by anyone under eighteen (18) is expressly prohibited.
As stated above, ClubShare makes available an online platform or marketplace with related technology for Owners, listers and Renters to meet online and arrange for the rental of Equipment directly with each other via the Platform. You may view Listings as an unregistered visitor to the Site; however, you must be a registered Member (defined below) to rent or create a Listing or to use the Application.
ClubShare is not an owner of Equipment and does not own, sell, resell, furnish, provide, rent, rerent, manage and/or control Equipment, including but not limited to real property, golf clubs, and transportation, delivery, or travel services.
ClubShare’s responsibilities are limited to: (i) facilitating the availability of the Site, Application, and Services; and (ii) serving as the limited agent of each Owner for the purposes of accepting payments from Renters on behalf of the Owner while assessing any applicable rental fees, cancellation fees, late drop-off fees, and service fees (hereinafter, collectively known as “Transaction Costs”).
As an Owner or lister, you agree to grant ClubShare the right to allow the Renter use of any Listings rented by them, as agreed to between you and the Renter. You understand and agree that ClubShare does not act as an insurer, broker, or as your contracting agent. Any agreement you enter into with any other User is between you and the User and ClubShare is not a party to it.
4. Your Account
In order to access certain features of the Platform, including listing, requesting and renting you must register or sign-up to create a ClubShare account (herein, “ClubShare Account”), either by providing us your email address and creating a password or through a third-party networking account, including but not limited to, Facebook and Google accounts. After signing up as a User, you will have a User profile with a publically-viewable web address or URL (herein, “User Profile” or “Profile”). If you register a ClubShare Account and use a business display name, business-owned domain email address, business profile photo, business Profile logo, and/or business social links on your ClubShare Account, you agree and personally guarantee that you have the authority to bind the entity to this Agreement, and you agree that you, individually, and the business entity (including any and all of the business’ owners, officers, directors, agents, and joint venturers) are legally bound by the provisions of the Terms. You may not assign or otherwise transfer your ClubShare Account
and/or User ID to another party. You may not register more than one (1) ClubShare Account unless ClubShare authorizes you to do so.
You promise to update the information and documentation you have provided to us in the event of any changes to your identity information and documentation, contact information, or background. You promise to, and are solely responsible for, keeping your contact information up-to-date, as ClubShare may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address, unless you provide updated contact information and documentation to us.
You promise to, and are solely responsible for, immediately reporting to ClubShare any and all of your felony criminal convictions and you agree that you have an ongoing duty to report any and all of your new felony criminal convictions. ClubShare does not represent or warrant that we have taken any steps to run a criminal or other background check or otherwise make an assessment of a User’s (individual or business) integrity or character.
If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your ClubShare Account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security. You also agree to ensure that you exit from your ClubShare Account at the end of each session. You should use particular caution when accessing your ClubShare Account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your ClubShare Account after you have reported unauthorized access to us. No third-party is authorized by ClubShare to ask for your username and password, and you shall not request the credentials of another Member.
ClubShare is a marketplace where Members who comply with the Terms to offer and rent Listings from other Members. While we have verification procedures for our Members and processes in place to review Listings, we cannot guarantee the trust, accuracy, or legality of Listings, and the ability for Owners to rent out Listings, or Renters to rent and pay for Listings. ClubShare also cannot ensure that a member will complete a rental or purchase transaction or guarantee the true identity, nationality, and age of a Member. We recommend that you communicate directly with other Members using the Platform to conduct your own assessment of another Member, and we strongly recommend that you do not transact with another Member when you’re not comfortable with a potential transaction. ClubShare is in now way responsible for the actions, behavior, or communication of any members, renters, or listers toward other individuals.
You agree that you will always use your ClubShare Account and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by ClubShare. We have the right to disable any ClubShare Account, Profile, username, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Equipment to be listed, including but not limited to a description, the location, the condition, and availability of the Equipment, additional services or features that can be added to a reservation request at the Renter’s option (i.e., “add-ons”), and pricing and related rules and financial terms. Listings will be made publicly available via the Platform. Other Members will be able to rent your Listing via the Platform based upon the information provided in the Listing. You understand and agree that once a Renter requests a rental of your Listing, or once you offer a Renter custom pricing for a reservation, you may not request the Renter to pay a higher price than in the reservation request or invitation, as applicable.
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 renting of, or a Renter’s use of, Equipment in a Listing you post: (i) will not breach any agreements you have entered into with any third parties, such as ownership, lease or rental agreements; and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Equipment included in a Listing you post and (b) not conflict with the rights of third parties. Please note that ClubShare assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. ClubShare reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that ClubShare, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.
If you are an Owner, you understand and agree that ClubShare does not act as an insurer or as your contracting agent. If a Renter requests a rental of your Equipment and uses your Equipment, any agreement you enter into with such Renter is between you and the Renter and ClubShare is not a party thereto. Notwithstanding the foregoing, ClubShare services as the limited authorized payment collection agent of the Owner for the purposes of accepting, on behalf of the Owner, payments from Renters of such amounts stipulated by the Owner (including delivery or other fees and/or Taxes).
If you are an Owner, ClubShare makes certain tools available to you to help you make informed decisions about which Members you choose to approve for renting your Equipment. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who may have access to the Equipment at your request or invitation, excluding the Renter.
ClubShare recommends that Owners obtain appropriate insurance for their Equipment. Please review any insurance policy that you may have for your Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of third parties while renting and/or using your Equipment.
6. Key Definitions and Descriptions of Features
- “Member” means a person who completes ClubShare’s account registration process, including but not limited to Owners and Renters, as described under Section 4 (“Your Account”) below.
- “Owner” & “Lister” means a Member who creates a Listing via the Platform. The two words are used interchangeably.
- “Listing” means Equipment that is listed by an Owner as available for rental via the Platform.
- “Renter” means a Member who requests from an Owner a rental of Equipment via the Platform or a Member who uses Equipment and is not the Owner of such Equipment.
- “Collective Content” means Member Content and ClubShare Content.
- “Content” means text, graphics, images, music, software (excluding the Site and Application), audio, video, information, or other materials.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Platform.
- “ClubShare Content” means all Content that ClubShare makes available through the Platform, including any Content licensed from a third party, but excluding Member Content.
- “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that equipment or accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal, and national indirect or other withholding taxes, and personal or corporate income taxes.
Descriptions of Certain ClubShare Features
- ClubShare Rental: We offer a feature that allows Renters to request to rent, or rent, a Listing offered for rental by an Owner.
- ClubShare Rental Cart: We may offer a feature that allows Renters to add one Listing or multiple Listings, offered for rental by one or more Owners, to a cart that aggregates the initial Transaction Costs, fees, and discounts, for all the Listings (hereinafter, “Cart”). A Renter has an option to select a Listing pickup date and return date for a Cart.
- ClubShare Rental Conversation: We may offer a feature that allows Users to view a summary of a Listing rental, starting from when the Renter requests the Listing to when the rental is completed (hereinafter, “Rental Conversation”). The Rental Conversation includes the Owner and Renter’s ClubShare Account names, the Listing title that is linked to the Listing web address or URL, the original Rental Period, the Rental Invoice number that is linked to the Rental Invoice (described below), the order summary that includes any initial fees or profits associated with the rental, and a conversation thread between Owner and Renter that include Service system messages. The Rental Conversation for the Owner and Renter may display different information that is applicable to each User’s role, including but not limited to the other User’s name and information, the order summary that includes any initial fees or profits associated with the rental and the specific User, and certain Service options that be available to each User. A Rental Conversation may include multiple Listings, if the Renter requested multiple Listings to one Cart.
- ClubShare Rental Invoice: We may offer a feature that allows Users to view a rental invoice that relates to a Rental Conversation (hereinafter, “Rental Invoice”). The Rental Invoice includes both User’s contact information, the Renter’s payment information (cardholder and/or bank account holder name), the original Rental Period, and order summary that includes any Transaction Costs and Owner profits associated with the rental.
7. Bookings and Financial Terms
Booking and Financial Terms for Owners
If you are an Owner and a reservation is requested for your Equipment via the Platform, you will be required to either approve or reject the reservation within 24 hours of when the reservation is requested (as determined by ClubShare in its sole discretion) (the “Reservation Request Period”) or the reservation request will be cancelled. During the Reservation Request Period, until the Owner either approves or rejects the reservation, the Listing will be in a reserved state and no other Member may make a reservation request for the same days and times, until the Owner either approves or rejects the pending reservation request or the Reservation Request Period has expired. When a reservation for your Equipment is requested via the Platform, we will share with you (i) the first and last name of the Renter who has requested the reservation, (ii) a link to the Renter’s Account profile page, and (iv) if the Renter has requested delivery of the Equipment, the address where the Equipment is requested to be delivered by the Owner, so that you can view such information before approving or rejecting the reservation. If you are unable to approve or decide to reject a reservation request of your Equipment within the Reservation Request Period, any amounts collected by ClubShare for the requested reservation will be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you approve a reservation requested by a Renter, the reservation is deemed confirmed, and ClubShare will send you an email confirming such reservation.
ClubShare will collect the Total Fees at the time of reservation confirmation (i.e., when the renter submits the reservation request) and will initiate payment of the Equipment Fees to the Owner approximately 24 hours after the reservation commences, minus 10% deduction (except to the extent that a refund is due to the Renter). The time it takes for the Owner to receive payouts may depend upon the method for receiving payouts chosen by the Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Owner, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to ClubShare (whether as a result of your rentals or actions as a Renter or otherwise), then ClubShare may (but is not obligated to) withhold the amount owing to ClubShare from any payout amounts due to you as an Owner and use the withheld amount to
set-off the amount owed by you to ClubShare. If ClubShare does so, then your obligation to pay ClubShare will be extinguished to the extent of the amount withheld by ClubShare, and ClubShare will cease to owe you any obligations, including, but not limited to, any obligation to pay you, with respect to the amount withheld.
Each Owner hereby appoints ClubShare as the Owner’s limited payment collection agent solely for the purposes of accepting the Equipment Fees from Renters.
Each Owner agrees that payment made by a Renter through ClubShare shall be considered the same as a payment made directly to the Owner, and the Owner will make the Equipment available to the Renter in the agreed-upon manner as if the Owner has received the Equipment Fees. Each Owner agrees that ClubShare may, in accordance with the ClubShare cancellation policy set forth below (“Cancellation and Refunds”), (i) permit the Renter to cancel the reservation and (ii) refund to the Renter that portion of the Equipment Fees specified in the applicable cancellation policy. Each Owner understands that as ClubShare accepts payments from Renters as the Owner’s limited payment collection agent, ClubShare’s obligation to pay the Owner is subject to and conditional upon ClubShare successfully receiving the payments from Renters. ClubShare does not guarantee payments to Owners for amounts that have not been successfully received from Renters. In accepting appointment as the limited authorized agent of the Owner, ClubShare assumes no liability for any acts or omissions of the Owner.
If you are an Owner, and as a condition of your appointment of ClubShare as your limited payment collection agent, you understand that you may be deemed a sub-merchant of ClubShare under its agreement with its third-party payment service provider and that 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 note that ClubShare does not currently charge fees for the creation of Listings or to be a Member. However, you as an Owner acknowledge and agree that ClubShare reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings or for being a Member. Please note that ClubShare will provide notice of any Listing fee collection via the Platform prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Renters
The Owners, not ClubShare, are solely responsible for honoring any confirmed reservations and making available any Equipment rented through the Platform. If you, as a Renter, choose to enter into a transaction with an Owner for the rental of Equipment, 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 Equipment imposed by the Owner. You acknowledge and agree that you, and not ClubShare, will be responsible for performing the obligations of any such agreements, that ClubShare is not a party to such agreements, and that, with the exception of its payment obligations hereunder, ClubShare disclaims all liability arising from or related to any such agreements. You further acknowledge and agree that, notwithstanding the fact that ClubShare is not a party to the agreement between you and the Owner, ClubShare acts as the Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of the Total Fees to ClubShare, your payment obligation to the Owner for the Equipment Fees is extinguished, and ClubShare is responsible for remitting the Equipment Fees, in the manner described in these Terms. In the event that ClubShare does not remit any such amounts as described in these Terms, such Owner will have recourse only against ClubShare.
The Total Fees payable will be displayed to a Renter before the Renter sends a reservation request to an Owner. As noted above, the Owner is required to either approve or reject the reservation request within the Reservation Request Period, otherwise the reservation request will be automatically cancelled. If a reservation request is cancelled (i.e., not approved by the applicable Owner), any amounts collected by ClubShare will be refunded to such Renter, depending on the selections the Renter makes via the Site and/or Application, and any pre-authorization of such Renter’s credit card will be released, if applicable
You, as a Renter, agree to pay ClubShare for the Total Fees for all reservations requested in connection with your ClubShare Account if such requested reservations are approved by the applicable Owner. In order to establish a reservation pending the applicable Owner’s confirmation of your requested reservation, you understand and agree that ClubShare, 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 card an amount, not to exceed one thousand five hundred ($1,500) dollars, to verify your credit card and to ensure funds are available should damage or theft occur. Once ClubShare receives approval of your reservation from the applicable Owner, ClubShare will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. At this time ClubShare may also collect the Security Deposit (defined below) or a portion thereof, in its sole discretion. Please note that ClubShare cannot control any fees that may be charged to a Renter by his or her bank related to ClubShare’s collection of the Total Fees, and ClubShare disclaims all liability in this regard. ClubShare is not responsible for any injury, incident, bodily injury, damage that may arise from a lister delivering clubs to a renter. This is by their own choice and ClubShare cannot be held responsible for any user, whether on the platform or not, activity, including but not limited or exclusive to, operation of a vehicle or fulfill services rendered through ClubShare's platform.
You hereby understand that while the owner's golf equipment is in your possession, you are responsible for any damage, theft, loss, injury, and assume all sole responsibility for the equipment. The renter (you) must use the equipment in its intended form and use. You must not alter or change the clubs in any way. This includes removing stickers, decals, or labeling. You must return the equipment in the same condition as delivered, ordinary wear and tear resulting from proper use thereof alone excepted. You shall not use the clubs in rough conditions including rocky terrain, cement, cart path, desert terrain, water hazard, etc. You will be held responsible for any damage caused that is considered outside of normal wear and use.
The customer renting golf clubs agrees to pay for any damage to the clubs. This however excludes normal wear and use. Normal wear and use to the clubs includes (but is not exclusive or limited to) scratches on the bottom, side, top of the club head, minor scratches to the shaft, tee marks on the club head in any location, and grip wear. ClubShare suggests that the customer inspect the clubs prior and after the rental transaction, mentioning any perceived damage to ClubShare and the lister or renter, whichever applies, in writing, via email, before using the clubs in order that the customer not be charged for loss or damage not caused by his or her use of the clubs.
The customer agrees to indemnify and save, hold harmless ClubShare from any claim, including but not limited to claims relating to bodily injury or property damage. ClubShare will not be held responsible for any damage or bodily injury incurred upon anything or anyone by any golf clubs, whether listed on the platform or not.
8. Listings, Listing Conditions, and Rental Listing Prices
Owners are responsible for creating their own Listings, and for the accuracy and content of their Listings. Owners must accurately describe the Listing and all of the Listing contents, so that the Renter, ClubShare, insurance companies, law enforcement, or courts can review exactly what a Renter rented.
Owners must only upload photos that accurately represent the Listing that they are offering to rent to a Renter.
ClubShare reserves the right to change the price of an Owner’s Listing. ClubShare does so in order to maintain reasonable rental prices relative to other listing prices, with the intention to increase the likelihood that an Owner will have their Listing rented by a Renter. If an Owner does not agree with a price change, they have the option of closing their listing at any time, refusing to accept a rental request, or contacting ClubShare to discuss the issue.
When the customer is renting equipment using a credit or debit card, ClubShare can place a pre-authorization hold on the card for any amount they determine to be the value of the rented clubs. This amount is subject to ClubShare's discretion but will not exceed $1,500. This hold will exist for 7 days and then be refunded or removed. This charge is to ensure that rentals are under the responsibility of the renter for the determined value, by ClubShare. If the clubs are not returned in 24 hours once the listing period is over, ClubShare reserves the right to capture the $1,500 payment and contact the renter's bank and law enforcement authorities. ClubShare can also report the clubs stolen for any reason, if they are not returned.
9. Renters, Rental Period, and Renter Liability
The period of time between when the Owner releases custody and control of the Listing to the Renter and when the Renter returns custody and control of the Listing to the Owner is known as the “Rental Period.” A Renter must request an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept the Rental Period that the Renter requests. A Renter must request any modifications to an initial Rental Period, with a set Listing pick-up day and time and a set Listing return day and time, and the Owner may accept to any modifications to Rental Period that the Renter requests. Any Renter modifications to the Rental Period that are not accepted by the Owner are not authorized and may result in ClubShare or the Owner making a police report against the Renter and pursuing legal action against the Renter.
If the Renter damages, loses, steals, converts, transfers custody and control to a third-party of, and/or fails to return the Owner’s Listing, within the Rental Period, the Renter agrees that they are liable for and agree to immediately pay for the repair or replacement of the Owner’s Listing, up to a specified replacement amount of the listing that will be assigned based on "fair value" of clubs determined by ClubShare. Renters are not liable for pre-existing damage or issues with an Owner’s Listing, if there is proof of pre-existing damage or issues or if the pre-existing damage or issues are not caused by the Renter’s rental and use of the Listing. We always recommend that both Owners and Renters use rental checksheets and thoroughly inspect Listings that they rent.
ClubShare is not liable for a User’s deceptive or fraudulent acts, voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s deceptive or fraudulent acts and a User’s use of ClubShare.com, but ClubShare will completely cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.
10. Insurance Policies & Security Deposits
Renters may submit to ClubShare a Certificate of Insurance (“COI”) or other satisfactory evidence, in ClubShare’s sole discretion, of a current, eligible insurance policy with coverage sufficient to cover the value of the Equipment rented by the Renter on ClubShare (“Insurance”). The COI shall name ClubShare and the applicable Owner as loss payee. ClubShare may contact the applicable insurance provider to verify the Insurance policy details. Acceptance by ClubShare of Insurance in lieu of a Security Deposit (defined below) shall be in its sole discretion. ClubShare is not an insurance provider, broker, or agent and is not licensed in any state as an insurance provider, broker, or agent. ClubShare does not provide, sell, or resell insurance policies of any kind. ClubShare may, in its sole discretion, assist with Owner’s requests and claims related to Insurance, but ClubShare is not responsible for administering or accepting any claims by Owners related to Insurance and disclaims any and all liability in this regard.
If a Renter does not provide satisfactory evidence of eligible insurance coverage, in ClubShare’s sole discretion, ClubShare may charge a security deposit for rented Equipment (“Security Deposits”), up to the actual replacement value of the Equipment rented by the Renter for the applicable reservation. The Security Deposit amount will be shown to the Renter on the rental request page as a line item in the reservation. ClubShare will, in its capacity as the payment collection agent of the Owner, use its commercially reasonable efforts to either: (i) charge the Renter’s credit card at the time of reservation confirmation the Security Deposit or (ii) obtain a pre-authorization of the Renter’s credit card in the amount of the Security Deposit, or a portion thereof, at the time of reservation confirmation or within a reasonable time prior to the Renter’s use of the Owner’s Equipment. ClubShare will also use its commercially reasonable efforts to address Owner’s requests and claims related to Security Deposits, but ClubShare is not responsible for administering or accepting any claims by Owners related to Security Deposits and disclaims any and all liability in this regard.
You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included in a Listing price, and for including Taxes to be collected or obligations relating to applicable Taxes in your Listings.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes that the Owner may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where you are located may require Taxes to be collected from Owners and Renters, on the amount paid for the right to use of Listings for a ClubShare rental, or on the amount paid for the right to purchase and obtain a Listing for a ClubShare purchase, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the actual Listing price (before tax) set by Owners or Sellers, a set amount per day, or other variations. You are solely responsible for remitting to the relevant authority any Taxes included or received by you.
ClubShare cannot and does not offer Tax-related advice to any Users. Please consult your tax consultant to determine tax treatment for your rental activities and retain all relevant documentation. This statement is provided for information purposes only and is not intended to constitute tax advice.
12. Service Fees
In consideration for the use of ClubShare’s online marketplace and Platform, ClubShare charges Service Fees. Where applicable, Taxes may also be charged in respect of the Owner Fees and Renter Fees. ClubShare deducts the Owner Fees from the Equipment Fees before remitting the balance to the Owner as described in these Terms. Renter Fees are, as noted above, included in the Total Fees. Balances will be remitted by ClubShare to Owners via direct deposit.
13. Community Rules
Rental Cancellation Policy: Renters can cancel a Listing rental request before it is accepted. Once the lister accepts the listing, the renter is responsible for the payment. If the Renter cancels within a period beyond 24 hours of the rental pick-up date, they will receive a 50% refund. If the Renter cancels within 24 hours of the rental pick-up date, the rental is non-refundable. Rental cancellation fees are imposed at ClubShare's discretion.
Rental Pick-up & Drop-off Times: Renters and Owner must agree to pick-up and drop-off times at their own discretion. A full replacement charge will incur if the clubs are not returned with 24 hours after the rental period has ended. ClubShare will also contact the proper law enforcement authorities to report the clubs lost or stolen.
Off-site rentals: Exchanging personal information before requesting a rental is prohibited. Making or receiving a payment outside the ClubShare platform is prohibited. Any off-site transactions will not be protected by ClubShare protection and may result in Account suspension or termination.
14. 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 Platform and Collective Content. You may use the Platform only for lawful purposes and in accordance with the Terms. In connection with your use of the Platform and Collective Content, You agree not to use the Platform: 1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 3) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in the Terms; 4) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 5) To impersonate or attempt to impersonate ClubShare, a ClubShare employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, display names, usernames, social links, or bios associated with any of the foregoing); and/or 6) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm ClubShare or Users of the Platform or expose them to liability. Additionally, you agree not to: 1) Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform; 2) Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; 3) Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; 4) Use any device, software or routine that interferes with the proper working of the Platform. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 5) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform; 6) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or 7) Otherwise attempt to interfere with the proper working of the Platform.
ClubShare has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
15. Trademark and Intellectual Property Rights
The Platform and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform and Collective Content, including all associated intellectual property rights, are the exclusive property of ClubShare 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 Platform or Collective Content.
All trademarks, service marks, logos, trade names, and any proprietary designations of ClubShare used herein are trademarks or registered trademarks of ClubShare. Any other trademarks, service marks, logos, trade names, and other proprietary designations are the trademarks or registered trademarks of their respective parties.
16. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit Member Content. By making available any Member Content on or through the Platform, you hereby grant to ClubShare a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, 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, by means of, or to promote or market the Platform. ClubShare does not claim any ownership rights in 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 Platform. 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 Platform or you have all rights, licenses, consents, and releases that are necessary to grant to ClubShare 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 ClubShare’s use of the Member Content (or any portion thereof) on, through, or by means of the Platform 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.
17. Links from the Platform
If the Platform contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including online advertisements, promoted Listings, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 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.
18. Suspension, Termination, and 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, decide to limit, suspend, deactivate, or cancel your ClubShare Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your ClubShare Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform, your ClubShare Account, or your Member Content or receive assistance from ClubShare Customer Service; (b) any pending or accepted future reservations as either Owner or Renter will be immediately terminated; (c) we may communicate to your Renters or Owners that a potential or confirmed reservation has been cancelled; (d) we may refund your Renters in full for any and all confirmed reservations, irrespective of preexisting cancellation policies; (e) we may contact your Renters to inform them about potential alternate Equipment with other Owners that may be available on the Platform; and (f) you will not be entitled to any compensation for reservations (even if confirmed) that were cancelled as a result of a suspension, deactivation, or termination of your ClubShare Account. You may cancel your ClubShare Account at any time by emailing us at email@example.com. Please note that if your ClubShare Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted on the Platform, including but not limited to, any reviews or Feedback.
19. Ratings and Reviews
After a completed transaction, ClubShare Members can leave a privately-displayed Profile review (“Review”) and submit a rating (“Rating”) about another Member or transaction. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of ClubShare. Ratings and Reviews are not verified by ClubShare for accuracy and may be incorrect or misleading. Ratings and Reviews by Members must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to content terms in this Agreement and may be removed by ClubShare for any reason, at any time, without notice. Ratings and Reviews may also be displayed elsewhere on the Platform together with other relevant information about the Member.
20. Content Standards
21. Reporting Misconduct
If you interact with a Member, Renter or Owner, whether via the Platform, offline, or in person, in connection with a rental of a Listing or Equipment, 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 other disturbing conduct, you should immediately report such person to the appropriate authorities and then to ClubShare by contacting us with your police station and report number at firstname.lastname@example.org; 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 to release, defend, indemnify and hold ClubShare 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 Platform or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) renting of Equipment, or (iii) creation of a Listing; and (d) the use, condition, or rental of Equipment 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 or use of Equipment.
23. Dispute Resolution
You and ClubShare 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 Platform (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. You acknowledge and agree that you and ClubShare are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and ClubShare 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.
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 Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will be either a retired judge or attorney licensed to practice law in the State of California 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 (7) days of delivery of a demand for arbitration (as specified in the AAA Rules), then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and ClubShare otherwise agree, the arbitration will be conducted in California, within San Diego County. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ClubShare 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. 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 of 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.
Notwithstanding the provisions of the “Modification” section above, if ClubShare changes this “Dispute Resolution” section after the date you first accept these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of ClubShare’s email to you notifying you of such change. By rejecting any change in accordance with the foregoing sentence, you are agreeing that you will arbitrate any Dispute between you and ClubShare 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).
24. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between ClubShare and you regarding the Platform and Collective Content, and any rentals or Listings of Equipment made via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ClubShare and you regarding rentals or Listings of Equipment, the Platform, and Collective Content.
25. Questions and comments
If you have any questions about these Terms, please contact ClubShare at firstname.lastname@example.org