RENT MY RINK, LLC
TERMS AND CONDITIONS OF SALE AND USE
- Binding Agreement.
- By using the Site, you accept the terms of this User Agreement. This is a legally binding agreement between you and Rent My Rink, LLC; please read it carefully. When using the Site you may be subject to other posted terms and guidelines applicable to certain services available on or through the Site, which are legally binding upon you by virtue of your use of the Site or those services. Unless explicitly stated otherwise, any features or services available at any time on the Site are subject to this User Agreement. Accessing the Site in any manner, even through automated means, constitutes your use of the Site and your agreement to be bound by this User Agreement. The Company may change the terms of this User Agreement from time to time and will revise the effective date when it does so. Your continued use of the Site after the posted effective date constitutes your agreement to be bound by this User Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. We may in our sole discretion, change, restrict access to, suspend, or discontinue the Site, or any portion thereof, at any time.
II. Buying and Selling Ice Time.
A. The Site is an ice time availability listing and information service that brings together buyers and sellers, and provides a forum for sellers to advertise for sale or rental available ice times at various rinks and arenas, and for buyers to search for available ice times to purchase or rent. The Company only provides the service of connecting buyers, sellers, and renters of ice time. The Company is not a party to any transaction between buyers, sellers, or renters that originates on or through the Site and the Company will not become involved in any transaction between users, buyers, sellers, or renters, nor will the Company get involved in any disputes between or among them. The Company has no stake or involvement in the completion of any transactions that my result among our users.
B. Information about a particular sheet of available ice is supplied by the seller, not by the Company. The price, payment terms, and any other sale or rental terms remain subject to direct negotiation between the buyer and the seller, without any involvement of the Company. Before entering into a transaction with a buyer, seller, or renter you should confirm with that person or entity any information, including the price, payment terms, time for performance, and any other considerations that are important to your purchasing, selling or renting decision. You and the other party to the transaction are solely responsible for working out the terms of the sale. We have no authority to act for the seller, buyer, or renter. You expressly acknowledge and agree that your use of any ice purchased or rented through a seller offering ice through this Site is subject to terms and conditions you agree to with that seller as well as the rules, regulations, and procedures of the rink or arena that owns ice.
C. We are hopeful that visitors to, and users of, our Site will treat each other fairly; however, we do not and cannot control whether buyers, sellers, and renters will complete any contemplated transactions. We also do not and cannot verify the information that buyers, sellers, or users supply is accurate, nor can we guarantee the availability of, or right to use, the offered ice time, nor can we verify or assess the ability or commitment of the buyers, sellers, or renters to complete any transaction you may enter into with any of them. We also cannot assure the seller or renter of ice time that the payment he or she receives from the buyer is legitimate or will be forthcoming.
III. Site Usage; Termination.
A. The material that appears on the Site is for general informational purposes only. While we aim to provide a website and services that are useful, please be mindful that the Site may, from time to time, contain errors. The Site includes material and information collected from and provided by third parties that we have likely not evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Site and you should not rely on such without independent verification, nor do we guarantee or provide any representations or warranties with respect to the performance or trustworthiness of any users of the Site, buyers, sellers, or any other third-parties, including owners, employees, agents, or representatives of any ice rinks or arenas.
B. We invite you to bring to our attention any material or information on the Site that you believe to be inaccurate. Please forward a copy of this material or information to our Customer Service Department at email@example.com, along with an explanation of the inaccuracies.
C. Any misuse of the Site or services is strictly prohibited. This includes misuse of any function, service, or page on the Site. Any attempt at nonstandard, non-approved use of this Site or any service is prohibited (including any program, device, user, or software taking any action which interferes with the proper operation of this site and any services). The Company reserves the right to refuse or suspend service to anyone at any time for any reason with or without prior notice. If a situation of site misconduct is brought to our attention we will investigate the matter as we deem appropriate under the circumstances. You may not use the Site for chain letters, junk mail or spamming.
D. You acknowledge that any of the user-generated content posted or transmitted through the Site represents the views of the author, and not of the Company. You also acknowledge that your use of or reliance on such content is at your own risk. You may not make any posting or statement, nor may you list, offer for sale, or sell any item that: (i) infringes or violates a copyright, trademark, patent, trade secret, or other proprietary right; or (ii) infringes or violates anyone’s rights of privacy or publicity; or (iii) is illegal for you to sell or enter into any transaction that is illegal under any applicable law, statute, ordinance or regulation; or (iv) is knowingly false, and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, or is otherwise objectionable or in violation of any applicable law, rule, or regulation; or (v) contains advertisements or commercial solicitations; or (vi) if sold by us, would cause us to violate any applicable law, statute, ordinance or regulation. We reserve the right to terminate any listing of any such nature immediately and reserve the right to notify law enforcement or the legitimate trademark or copyright holder.
E. You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to all, or any of the parts, of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to: (a) a breach or violation or suspected breach or violation of this User Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) our decision to make any portion of the Site a pay for use section and you have not paid the appropriate fees, (e) technical or security issues, and/or (f) fraudulent or illegal activities.
F. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site.
IV. Non-Confidentiality; Intellectual Property.
- Any information or material provided or sent to the Company by you or anyone else will NOT be considered confidential, nor will the Company be required to treat it as confidential, regardless of whether such information or material is stamped or identified as confidential and/or proprietary. You also agree that the Company is free to use, for any purpose and without payment of any kind, any ideas, concepts, know-how or techniques that you send to us. You acknowledge that, by sending us any information or material or by posting any material on or through the Site, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, improve, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the Site. Among other uses of user materials, the Site uses listings data to derive useful information for its own use and for display, sale and distribution.
- “Rent My Rink”, “Ice Times Made Easy!”, and “rentmyrink.com” and their logos are all trademarks and/or service marks owned by us or our licensors. The names of other products and services referred to on the Site may be the trademarks or service marks of their respective owners. You may not use any trademark, logo or service mark appearing on the Site without the prior written consent of the owner of the mark.
V. Third-Party Links and Services.
A. Although we may make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them, nor do we endorse their goods or services. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the Site, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the Site.
VI. Release of Claims; Disclaimer of Warranty; Limitation of Liability.
- In consideration for your participation on the Site you agree to release the Company and the Company’s respective directors, officers, shareholders, employees and agents (the “Representatives”), each of the Company’s subsidiaries, parent companies, affiliates, and each of their Representatives (collectively, the “Released Parties”) from any and all disputes, claims, demands, losses, expenses, liabilities, fines, penalties, and/or damages of any kind, regardless of legal theory, arising out of or relating to: (i) your use of the Site and our goods or services, (ii) your involvement with any users of the Site, including buyers, sellers, and renters, and any resulting transactions you may enter into with them, including without limitation relating to the ability or refusal of a buyer, seller or renter to fulfill any obligations to you in connection with any transaction you may enter with them, (iii) any uncompleted or unfulfilled transactions with any users of the Site, or buyers, sellers, or renters of ice time, (iv) your use of any ice you purchased or rented as a result of using this Site, including any resulting injuries, including death, that may occur while using the purchased or rented ice time, and/or (v) your inability to use any ice times offered through the Site for any reason, including due to the owner of the ice rink or arena refusing to make the ice available to you.
- IF YOU RELY ON THE SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE SITE.
- NEITHER WE NOR OUR INFORMATION PROVIDERS, LICENSORS, REPRESENTATIVES, EMPLOYEES OR AGENTS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE ERROR-FREE; NOR DO WE NOR ANY OF OUR INFORMATION PROVIDERS, LICENSORS, REPRESENTATIVES, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE, THE FILES AT THE SITE, OR EMAILS SENT BY THE SITE IS EXPRESSLY DISCLAIMED.
- OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, THE SITE IS AVAILABLE ON AN “AS IS,” “WHERE AS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLETENESS, OR CURRENTNESS, OR NOINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE, PRODUCTS, SERVICES, OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITES, INCLUDING, WITHOUT LIMITATION, FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY; HOWEVER, TO THE EXTENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMTATIONS ARE NOT PROHIBITED UNDER APPLICABLE LAW, THEY SHALL APPLY TO THIS USER AGREEMENT.
- YOU AGREE TO INDEMNIFY THE COMPANY AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THIS USER AGREEMENT.
- THE PROVISIONS OF THIS SECTION OF THE AGREEMENT ARE FOR OUR BENEFIT AND THE BENEFIT OF OUR AFFILIATES, INFORMATION PROVIDERS, LICENSORS, REPRESENTATIVES, EMPLOYEES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISIONS DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- Compliance With Laws; Choice of Laws and Disputes; Jury Trial Waiver.
- General Provisions.