1. Introduction and Acceptance of the Terms of Service
Please read these terms carefully as they contain important information regarding your legal rights, remedies, and obligations. We know it’s long.
The Mooch community is built on trust and respect. Disputes are very rare in the community, but if there are any issues, we will always do our best to help our members resolve them quickly and fairly.
Mooch, Inc. (hereinafter, “Mooch”, “we”, or “us”), and/or its officer(s) is the owner of Mooch.cc, which an online platform that facilitates the listing and rental (including but not limited to event furnishings (tables, chairs, dinnerware, etc.) equipment, conference equipment, and other equipment (collectively, hereinafter, “Listing” or “Listings”).
By using the Platform, signing up as a User, creating a Listing, and/or renting a Listing, you agree to the:
Terms of Service: https://www.mooch.cc/terms-of-service
Community Rules: https://www.mooch.cc/community-guidelines
2. Modifications to the Terms
Any changes to the dispute resolution provisions set forth in Dispute (Agreement to Arbitrate) and Governing Law and Jurisdiction sections will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
3. General Terms and Conditions
Mooch has created the Platform with certain technology that enables Listing owners or vendors (hereinafter, “Owners”), who are lessors of Listings, and renters (hereinafter, “Renters”), who are lessees of Listings, to communicate and arrange for the rental of Listings with each other.
Mooch is not an owner, seller, vendor, or operator of any Listings, except for Listings that are available on Mooch’s own Profile. Mooch does not own, sell, resell, provide, rent, sub-rent, manage and/or control Listings or Platform offered in Listings, except for Listings on Mooch’s Profile.
Eligibility to Use Mooch 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 Mooch 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. 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.
Mooch Account Registration: In order to access certain features of the Platform, including listing, requesting, renting, or purchasing a Listing, you must register or sign-up to create a Mooch account (herein, “Mooch Account”) by providing us your email address and creating a password. 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 Mooch 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 Mooch 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 Mooch Account and/or User ID to another party. You may not register more than one (1) Mooch Account unless Mooch authorizes you to do so.
Verification Procedure and Profile Badges: Before you message another User, list, or rental Listing, you will provide us and/or our service providers with certain information and documentation, including but not limited to identification information and documentation, about yourself and/or your business to enable us to attempt to verify your identity in order to become a User. You promise to provide complete and accurate information and documentation to us about yourself and/or your business, and fix any and all errors, once discovered, in the information and documentation that you have provided us and/or our service providers. Mooch has the right, but not the obligation, to undertake screenings, checks, and processes to help verify or check the identities and/or backgrounds of Users and associated businesses, but Mooch does not endorse any User (including User’s that create a business Profile), or the User’s background, or commit to undertake any specific verification or screening process, including but not limited to criminal background checks. We may, in our sole discretion, use third-party services to verify the information and documentation you provide to us and to obtain additional related information and documentation and corrections where applicable and you hereby authorize Mooch to request, receive, use, and store such information and documentation. We may accept or reject your application to establish a Mooch Account and/or become a User at our sole discretion.
User Information and Documentation Updates: 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 Mooch 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 Mooch 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. Mooch 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.
Mooch’s Role: Mooch’s responsibilities are limited to: (i) facilitating the availability of the Platform; and (ii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from the Renter, or third-party cardholder and/or bank account holder on behalf of the Owner, while assessing any applicable rental fees, purchase prices, transaction fees, rental cancellation fees, late rental drop-off fees, Service Fees (Owner service fees), Community Fees (Renter service fees), Owner Profits (Owner profits after Service Fees are collected by Mooch ), Listing fees, security deposits, any amounts owed by the Renter or third-party cardholder and/or bank account holder to the Owner, or Mooch, and/or any amounts that the Renter or a third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder, via their bank, dispute a charge to any of the third-party payment processors and/or service providers that we may use on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees (hereinafter, collectively known as “Transaction Costs”).
As an Owner, you agree to grant Mooch the right to allow the Renter to use any Listings rented by them, as agreed to between you and the Renter. As an Owner, you agree to fully authorize Mooch to enter into agreements that include the aforementioned rights. You understand and agree that Mooch 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 Mooch is not a party to it.
Accessing the Platform: We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users.
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 Mooch 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 Mooch Account at the end of each session. You should use particular caution when accessing your Mooch 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 Mooch Account after you have reported unauthorized access to us. No third party is authorized by Mooch to ask for your username and password, and you shall not request the credentials of another Member.
We may offer a feature that allows a Member to add and authorize a third-party (hereinafter, “Authorized Person”) to act on behalf of the Member, including but not limited to, communicating, picking up Listings, and/or dropping off Listings with other Members, after a Member adds the Authorized Person’s name, email address, phone number, and/or government-issued ID. When you add an Authorized Person to a Listing rental, you understand and agree that you are still legally bound by, the provisions of the Terms, and you are are jointly and severally liable for any actions or inactions of the Authorized Person in relation to the Listing rental and transaction that you added the Authorized Person to, given that you are the responsible party for the Listing rental and transaction. You agree that if you, or anyone, makes a claim against the Authorized Person that is added to a Listing rental, you will indemnify and hold the Mooch harmless from any liability, demand, loss, damage, or costs which you or another party may incur as the result of such claim. Mooch is not responsible, or liable to any third party.
Mooch is a marketplace where Members who comply with the Terms to offer or rent Listings from other Members. While we have verification procedures for our Members and processes in place to review Listings, we cannot guarantee the truth, accuracy, or legality of Listings, and the ability for Owners to rent out Listings or Renters to rent and pay for Listings. Mooch also cannot ensure that a member will complete a rental 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.
You agree that you will always use your Mooch Account and the Platform in compliance with the Terms, applicable law, and any other policies and standards provided to you by Mooch. We have the right to disable any Mooch Account, Profile, username, password, or other identifiers, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service.
4. Descriptions of Certain Mooch Features
Mooch Rental: We offer a feature that allows Renters to request to rent, or rent, a Listing offered for rental by an Owner.
Mooch Rental Cart: We offer a feature that allows Renters to add a Listing offered for rental by an Owner to a cart that aggregates the initial applicable Transaction Costs, fees, and security deposits for all the Listings (hereinafter, “Cart”). A Renter has an option to select a Listing pick-up date and return date for a Cart.
Mooch 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 Mooch Account names, any Authorized Person(s) added by a User, 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.
Mooch Message Conversation: We may offer a feature that allows Users to message each other (hereinafter, “Message Conversation”) via a Listing or Profile. We recommend that any correspondence regarding a rental request, pending rental, active rental, and/or completed rental, between two Users remain on the relevant Rental Conversation and that the Message Conversation be used for other questions and correspondence.
Mooch 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 an order summary that includes any Transaction Costs and Owner profits associated with the rental.
5. Member Agreements
FOR A MOOCH RENTAL, YOU UNDERSTAND AND AGREE THAT MOOCH'S TERMS OF SERVICE AND COMMUNITY RULES, IN CONJUNCTION WITH YOUR RENTAL CONVERSATION AND RENTAL INVOICE, EFFECTIVELY ESTABLISHES THAT A RENTAL TOOK PLACE BETWEEN THE YOU AND OTHER USER IDENTIFIED YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE, EFFECTIVELY ESTABLISHING A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE OTHER USER IDENTIFIED IN YOUR RENTAL CONVERSATION AND/OR RENTAL INVOICE.
6. Transaction Charges, Authorizations, Cardholder and/or Bank Account Holder Liability, Disputes, and Collections
Once a Renter agrees to rent a Listing on Mooch, we process payment from the Renter or Buyer and remit payment to the Owner or Seller of the Listing. We may use third-party payment providers to process transactions. By using the Platform, you agree to pay us and receive payment through our payment providers (such as Braintree, Stripe, and Plaid) to process transactions. By using the Service, you agree to pay us and receive payment through our payment providers, and you agree to the terms and conditions and privacy policies of our third-party providers.
By providing Mooch with payment credentials and billing information, you authorize Mooch and any third-party payment processors and/or service providers that we may use, to store your payment credentials (whether it is a personal or business account) and billing information for future use by you, and for future charges for any unpaid balances, you may owe to an Owner and/or Mooch.
By providing Mooch with payment credentials (whether it is a personal or business account) and billing information for a third-party cardholder and/or bank account holder, you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized Mooch and any third-party payment processors and/or service providers that we may use, to store the third-party cardholder and/or bank account holder’s payment credentials and billing information for future use by you and the third-party cardholder and/or bank account holder, and for future charges for any unpaid balances you or the third-party cardholder and/or bank account holder may owe to an Owner and/or Mooch. You and the third-party cardholder and/or bank account holder agree that you and the third-party cardholder and/or bank account holder are jointly and severally liable for any unpaid balances you may owe to an Owner and/or Mooch .
You authorize Mooch, or you and the third-party cardholder and/or bank account holder agree that the third-party cardholder and/or bank account holder has authorized Mooch, to use stored payment credentials and billing information for any unpaid balances of Transaction Costs that include, but are not limited to, rental fees, transaction fees, Service Fees (Owner service fees), Community Fees (Renter service fees), Owner Profits (Owner profits after Service Fees are collected by Mooch), Listing fees, security deposits, any amounts owed by the you or the third-party cardholder and/or bank account holder to an Owner and/or Mooch, and/or amounts that you or the third-party cardholder and/or bank account holder have reported as a chargeback or disputed charge (where the cardholder and/or bank account holder’s bank disputes a charge to our payment processor on behalf of the cardholder and/or bank account holder) and any associated chargeback or disputed charge fees.
If you opt to make an Automated Clearing House (ACH) payment, you agree to authorize Mooch, Inc. to electronically debit my account and, if necessary, electronically credit my account to correct erroneous debits. Please print the authorization and retain a hard copy or electronic copy for your records.
You may authorize a third party to use your Mooch Account in accordance with this Agreement. You acknowledge and agree that anyone you authorize to use your Mooch Account may use stored payment credentials and billing information on your behalf and that you will be responsible for any payments made by such person.
Mooch will pursue all available methods available under law to collect unpaid balances. We may also engage collection agencies and legal counsel to collect unpaid balances and any applicable late payment fees. Mooch, and any collection agencies that we engage, may report unpaid balances and any related Mooch Account information to credit bureaus to be reflected in your credit report.
If Mooch receives a cardholder and/or bank account holder dispute or chargeback for any charges that are owed by you from your use of the Platform, you agree to immediately remit payment to Mooch for the disputed charge amount and a $35.00 dispute fee for each disputed charge. Mooch will respond to any disputes with any information that indicates that the charge was authorized by you or a third-party cardholder and/or bank account holder.
As an Owner, you understand and agree that if Mooch is unable to collect any Transaction Costs and funds related to a Listing rental, including disputed charges, from the Renter or Buyer, you will refund any Owner profits or funds that were transferred to you, or the bank account added on your Mooch Account, directly to Mooch immediately. You also agree and authorize Mooch to withdraw funds from the bank account added on your Mooch Account, if necessary to reimburse Mooch for any Transaction Costs and funds related to a Listing rental that Mooch is unable to collect from the Renter.
You agree that all communication, including but not limited to communication from Mooch , a collection agency, or legal counsel, regarding unpaid balances, delinquent accounts, and amounts owed to other Users may be made by contacting you via the email address (electronic mail) or phone number you provided on your Mooch account. In some cases, communication regarding unpaid balances, delinquent accounts, and amounts owed to other Users or Mooch may be made by mailing a letter to the address you provided on your Mooch account. You may dispute the information that Mooch reports to a credit bureau by contacting email@example.com, or you may contact the collections agency directly if they made a report to a credit bureau.
7. Use of Stripe for Payment Processing
If you choose to make or accept payments, you agree to pay the relevant service fees. Mooch reserves the right to change the service fees from time to time.
Making or accepting payment requires you to maintain an account with Mooch's payment processor ("Payment Provider"). Mooch uses Stripe, Inc. ("Stripe"), a payment processing service, as its Payment Provider. If you wish to use this feature, you must enroll for the service through Stripe. By enrolling, you enter into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). Mooch is not a party to the Stripe Services Agreement and is not responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with making or accepting payments through the Platform, you authorize Stripe to share your payment method information with an alternative Payment Provider.
Mooch, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Platform. Additionally, the Payment Provider may impose its own limits on your use of making or accepting payments on the Platform. THE PAYMENT PROVIDER MUST ACCEPT YOUR APPLICATION TO ACCEPT PAYMENTS BEFORE YOU CAN RECEIVE RENTAL PROCEEDS VIA THE PLATFORM. IF THE PAYMENT PROVIDER REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A PAYMENT PROVIDER ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A RENTAL PROCESSED THROUGH THE PLATFORM, THEN THE PAYMENT PROVIDER MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE RENTAL PROCEEDS. YOUR RIGHT AND/OR ABILITY TO RECEIVE RENTAL PROCEEDS VIA THE PLATFORM MAY BE REVOKED, DISABLED, OR LIMITED IF THE LISTING OR RENTAL VIOLATES ANY OF THESE TERMS.
The Renter's payment, minus any applicable Mooch fees, will be released to the Owner typically 3 to 5 business days after a rental has been completed, provided that no issues or incidents are reported to Mooch. Issues or incidents may result in delay and/or cancellation of payment being released. Owners authorize the Payment Provider to pay Mooch from Owner’s account any fees incurred by the Owner or Seller from using the Platform.
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, Mooch, 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.
When prompted, Owners are responsible for setting an accurate Listing condition from predetermined condition categories that are provided by Mooch. Each condition category has a description that Owners must review and select. Owners can also provide any specific information about the condition of a Listing in the Listing description. If a Renter does not agree with the condition category that the Owner selected and/or the condition description that the Owner added after the Renter receives their rental Listing, the issue or incidents may result in delay and/or cancellation of payment being released.
Mooch reserves the right to change the price of an Owner’s Listing. Mooch 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, and/or contacting Mooch to discuss the issue.
9. Renters, Rental Period, and Renter Liability
The period of time between when the Owner (or the Owner’s Authorized Person) releases custody and control of the Listing to the Renter (or the Renter’s Authorized Person) and when the Renter (or the Renter’s Authorized Person) returns custody and control of the Listing to the Owner (or the Owner’s Authorized Person) 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 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 Mooch 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, 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 and/or forfeit the security deposit (as provided on the Listing when a Renter requests a Listing). 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.
Mooch is not liable for a User’s (or the User’s Authorized Person) deceptive or fraudulent acts, the voluntary parting of Listings, the theft of Listings, and/or any other loss caused by User’s (or the User’s Authorized Person) deceptive or fraudulent acts and a User’s (or the User’s Authorized Person) use of Mooch.cc, but Mooch will completely cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.
NOTE: AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING, COMMUNICATING, LISTING, AND/OR RENTING, LISTINGS DIRECTLY WITH EACH OTHER. MOOCH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY LISTINGS. MOOCH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS. ACCORDINGLY, ANY RENTALS WILL BE MADE AT THE USER’S OWN RISK. IN NO EVENT SHALL MOOCH BE LIABLE TO A USER OR A RELATED THIRD-PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PROFILES, USER-TO-USER CORRESPONDENCE, AND LISTINGS OR THE INFORMATION ON MOOCH'S PLATFORM. WHILE MOOCH WILL EXPECT A USER OR A RELATED THIRD PARTY TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, MOOCH WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.
Mooch 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.
You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.
Mooch will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state. Mooch maintains a list of the states where it collects sales tax. If you are in a state where Mooch does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for rentals or sales made through the Platform.
Mooch may need to report your earnings from transactions on the Platform to tax authorities if you hit certain thresholds of activity on our Platform. If Mooch determines that it is necessary to report your earnings, we and/or our Payment Provider will ask you for personal information, such as your social security number, in order to file tax forms. If you do not provide this information when requested, we will instruct our Payment Provider to block payments to your bank account until we receive the necessary information. Mooch is not responsible, in any manner, for paying taxes on your earnings or your use of the Platform.
11. Community Guidelines
12. Security Deposits and Member Responsibilities
Disclaimer: Mooch is not an insurance provider, broker, or agent. Mooch is not licensed in any state or country to be an insurance provider, broker, or agent. All of Mooch's security deposits (hereinafter, “security deposit”, “security deposits”, “deposit”, or “deposits”) are not insurance policies.
The Owner of each rental item listed on Mooch has the right to set the security deposit dollar amount for their respective items. The deposit serves as security against, but not limited to, potential loss, theft, or damage to the rented item(s) during the rental period. The deposit will be charged and/or held against the Renter's provided Payment Method at the time of booking and will be refunded subject to the terms and conditions outlined in this Agreement. Owner acknowledges that they are solely responsible for setting the deposit amount for their rental items and providing clear information regarding the deposit in the rental listing.
The following provisions are subject to User's compliance with all other terms and obligations under the Terms. Failure to comply with any terms and obligations under the Terms may result in a Renter’s or Owner’s full responsibility for damage, theft, and/or loss of a Listing, and the Renter’s or Owner’s agreement to pay for the repair or replacement of the Listing, even if a security deposit was paid and/or forfeited by the Renter. The determination of whether a Member has complied with all other terms and obligations under the Terms is at the sole discretion of Mooch. Mooch recommends that you carefully read and understand any policy documents which may apply to a rental.
Any security deposits are immediately due to Mooch, or the Owner of the Listing, by the Renter of the Listing upon the resolution of the issues or incidents reported to Mooch, as determined solely by Mooch. If the Renter does not remit and/or forfeit payment of the security deposit which is due to Mooch, or the Listing Owner, Mooch reserves the right and the Renter agrees and authorizes Mooch to charge the Renter's payment method on the Renter's Mooch Account or attempt to collect the debt using alternative methods.
The security deposit will apply to the rental transaction, to the Renter listed on the Rental Invoice, during the listed Rental Period.
IMPORTANT NOTICE: The security deposits are subject to your compliance with all of your obligations under the Terms and Community Guidelines. Even if the security deposits are paid and/or forfeited, you agree that you will be responsible for the full amount of damages to or loss of the rented Listing if you fail to comply with all of your obligations under the Terms of Service and Community Rules.
The determination of whether a theft has occurred is at the sole discretion of Mooch, based on an investigation by law enforcement and Mooch’s own investigation, which may include contracting investigative services by private investigators and other third parties. All claims of theft require: 1) a copy of a filed police report; 2) confirmation of the police report filing and a criminal investigation by law enforcement; and 3) any information or footage that can help provide details of the theft for Mooch’s investigation of the claim.
Mooch considers any major scratches, scuffs, dents, broken pieces, or other major damage caused unintentionally or accidentally to be damage. Normal wear and tear (including scratches, scuffs, dents, or other less significant damage) is not considered to be damage. The determination of whether the damage is unintentional and not caused due to other circumstances, actions, or inactions, or if it is considered normal wear and tear as described herein, is at the sole discretion of Mooch.
As a Renter, you may elect to initiate a claim under your own or an associated third-party's insurance policy (homeowners policy, tenant/renters policy, equipment policy, etc.) for any damage to or theft of the rented Listing. As an Owner, you may elect to initiate a claim under their own or an associated third-party insurance policy (homeowners policy, tenant/renters policy, equipment policy, etc.) for any damage to or theft of the rented Listing. Renter and Owner acknowledge Mooch will be free from any financial responsibility related to Renter’s, Owner’s and/or third-party insurance policy claims.
13. Owner Release and Waiver
In order to rent a Listing, you, the Renter, accept this Listing Release and Waiver, which is effective between you, the Renter, and Listing Owner as of the date when you first rent a Listing.
You represent that you are eighteen (18) years of age or older. If you are allowing a minor to be in the presence of and/or use of the Listing, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Rental Period, and have read this Release and Waiver and agree to it on the minor’s behalf. If you are renting a Listing on behalf of another person or company, you will ensure, and you represent and warrant that each person or company on whose behalf you book has read and agreed to this Listing Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Assumption of Risks: You understand and acknowledge that the Listing may be hazardous and may carry the risk of injury or illness, including but not limited to physical injury, property damage, sickness disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF RENTING A LISTING, INCLUDING EACH ITEM THAT AN OWNER RENTS TO YOU, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE OWNER, OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE RENTAL, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE RENTAL OF THE LISTING.
Release and Waiver: You acknowledge and agree that:(1) You have reasonably assessed the risks involved in the rental and have made an informed and voluntary choice to participate in the rental; (2) You alone, and not the Listing Owner, are responsible for determining your fitness for participating in the rental and your ability to fully understand any directions or warnings presented; (3) You will not participate in any rental when you have a physical, medical, or mental limitation or disability that may be relevant or may affect to the use the Listing that you are renting, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in the rental; and (4) You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the rental. If you notice any hazard during the Rental Period, you will stop participating in the rental immediately and inform the listing Owner.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE LISTING OWNER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS, OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR RENTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Listing Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the remainder notwithstanding shall continue in full force and effect.
Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS PROVIDE THEIR LISTINGS “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LISTING OWNERS EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification: You agree that if, despite this Listing Release and Waiver, you or anyone on your behalf make a claim against the Listing Owner relating to a Listing rental, you will indemnify and hold the Listing Owner harmless from any liability, demand, loss, damage, or costs which the Owner may incur as the result of such claim.
YOU AFFIRM THAT YOU HAVE READ THIS LISTING RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.
14. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Mooch, its licensors, or other providers of such material and are protected by the United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows: 1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 2) You may store files that are automatically cached by your Web browser for display enhancement purposes; 3) You may print or download one copy of a reasonable number of pages of website for your own personal, non-commercial use and not for further reproduction, publication or distribution; 4) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end User license agreement for such applications; and/or 6) If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not: 1) Modify copies of any materials from this site; 2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; and/or 3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without Mooch’s authorization. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: firstname.lastname@example.org. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Mooch. Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.
Mooch name, the term “Mooch,” the Platform or Mooch logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mooch or its affiliates or licensors. You must not use such marks without the prior written permission of Mooch. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Prohibited Uses: You may use the Platform only for lawful purposes and in accordance with the Terms. 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 Mooch, a Mooch employee, another User or any other person or entity (including, without limitation, by using email 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 Mooch 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.
16. User Contributions
The Platform may contain Listings, User Profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, comment sections, social media features, and other interactive features (collectively, “Interactive Platform”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in the Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: 1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; 2) All of your User Contributions do and will comply with the Terms; and 3) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Mooch, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Platform.
17. Monitoring and Enforcement; Termination
We have the right to: 1) Remove or refuse to post any User Contributions for any or no reason in our sole discretion; 2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Platform or the public or could create liability for Mooch; 3) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; and/or 5) Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS MOOCH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MOOCH AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MOOCH OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake a review of all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
18. Content Standards
19. Ratings and Reviews
After a completed transaction, Mooch Members can leave a publically-displayed Profile review (“Review”) and submit a rating (“Rating”) about another Member. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Mooch. Ratings and Reviews are not verified by Mooch for accuracy and may be incorrect or misleading. Ratings and Reviews by Renters and Owners 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 Mooch. Ratings and Reviews may also be displayed elsewhere on the Platform together with other relevant information about the Member.
20. Copyright Infringement
If you believe that any User Contributions violate your copyright, email email@example.com for instructions on sending us a notice of copyright infringement. It is the policy of Mooch to terminate the Mooch Accounts of repeat infringers.
21. Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mooch, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mooch. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
22. Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
23. Information About You and Your Visits to the Platform
24. Other Terms and Conditions
All actions through our site or other transactions for the rental of Listings or information formed through the Platform or as a result of visits made by you are governed by our terms and conditions which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
25. Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Platform may provide certain social media features that enable you to: 1) Link from your own or certain third-party services to certain content on the Platform; 2) Send emails or other communications with certain content, or links to certain content, on the Platform; and/or 3) Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 1) Establish a link from any Platform that is not owned by you; 2) Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; 3) Link to any part of the Platform other than the homepage; and/or 4) Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of the Terms. The Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
26. Links from the Platform
If the Platform contains 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. If you decide to access any of the third-party services linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
27. Disputes (Agreement to Arbitrate)
THE FOLLOWING SECTION AFFECTS YOUR RIGHTS REGARDING HOW CLAIMS YOU AND MOOCH HAVE AGAINST EACH OTHER, AND HOW CLAIMS YOU AND OTHER USERS HAVE AGAINST EACH OTHER, ARE RESOLVED. PLEASE READ THIS SECTION CAREFULLY.
Subject to applicable law, you and Mooch agree that any claim or dispute at law or equity that has arisen or may arise between us, or may arise between us, relating to or arising out of this Agreement or any previous versions of the Agreement, your use of and access to the Service, or any breach, termination, or enforcement of this Agreement will be resolved in accordance with the provisions set forth in this “Disputes (Agreement to Arbitrate)” section of the Agreement. This will preclude you from bringing any class, collective, or representative action against Mooch and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Mooch by someone else.
Contact Mooch: If a dispute arises between you and Mooch, we want to do our best to help resolve the dispute. Disputes between you and us may be reported to firstname.lastname@example.org.
Applicable Law: You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Mooch, except as otherwise stated in this Agreement.
Agreement to Arbitrate: You and Mooch each agree that any and all disputes or claims that have arisen or may arise between you and Mooch (including its respective subsidiaries, employees, officers, directors, and agents), or between your and another User, relating in any way to or arising out of this or previous versions of the Agreement, your use of, or access to the Service, or any services sold, offered or purchased through the Platform or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, as an alternative to resolving a dispute in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the threatened or actual infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this “Disputes (Agreement to Arbitrate)” section.
Prohibition of Class Name and Representative Actions and Non-Individualized Relief: YOU AND MOOCH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOOCH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS NAME PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MOOCH USERS.
Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator may award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of these Terms as a court would.
You and Mooch agree that any dispute, claim, or controversy under $25,000 in value arising out of or relating to this Agreement, whether between you and Mooch or between you and other Users, or the existence, breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered or conducted 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. Any FairClaims arbitration hearing shall be held via videoconference. You consent to electronic service of process, with service to be made to the email address we have on record for your account.
You and Mooch agree that any dispute, claim, or controversy $25,000 and over in value arising out of or relating to this Agreement, whether between you and Mooch or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered or conducted by the American Arbitration Association ("AAA") (https://www.adr.org) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this “Disputes (Agreement to Arbitrate)” section of the Agreement. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's services at http://www.adr.org. The arbitration shall be held in Los Angeles County, California, or at another mutually agreed location.
You or Mooch may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Mooch subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Mooch, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of FairClaims Arbitration: The parties agree to split all FairClaims fees evenly, or Mooch may elect, but is not obligated to, to cover all FairClaims fees. 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.
Costs of AAA Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Mooch for all fees associated with the arbitration paid by Mooch on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Non-Disclosure: You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with FairClaims or AAA 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 Mooch, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Mooch 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 Mooch.
Severability: With the exception of any of the provisions in any subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in a subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms, including all other provisions of this “Disputes (Agreement to Arbitrate)” section, will continue to apply.
Future Changes to the Agreement to Arbitrate: Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or services link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Mooch prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms, any such termination shall not be effective until thirty (30) days after the version of the Terms not containing the Agreement to Arbitrate is posted to http://www.Mooch.cc, and shall not be effective as to any claim that was filed in a legal proceeding against Mooch prior to the effective date of termination.
28. Geographic Restrictions
Mooch Inc. is based in the United States. We provide the Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States, or accessible or appropriate for non-United States residents. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify and hold harmless Mooch, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services and products other than as expressly authorized in the Terms or your use of any information obtained from the Platform.
30. Disclaimer of Warranties
You understand that we cannot and do not or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOOCH NOR ANY PERSON ASSOCIATED WITH MOOCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER MOOCH NOR ANYONE ASSOCIATED WITH MOOCH REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MOOCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
31. Release of Mooch and Limitation on Liability
If you have a dispute with a Mooch User, Authorized Person (including its affiliates or their licensors, service providers, employees, agents, officers or directors, or associates), Authorized Person, any third-parties (including but not limited to related insurance carriers, insurance agents, and/or insurance companies), you release Mooch, its affiliates or their licensors, service providers, employees, agents, officers or directors, from any and all claims, demands, and damages (actual and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code Section 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IN NO EVENT WILL MOOCH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOOCH AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. 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.
IF YOU RESIDE IN CALIFORNIA, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND AND AGREE THAT CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH ARE NOW KNOWN OR BELIEVED BY YOU TO EXIST MAY HEREAFTER BE DISCOVERED.
YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THIS RELEASE OF MOOCH AND LIMITATION ON LIABILITY SECTION AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND LIMITATION ON MOOCH’S LIABILITY, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY, AND WITHOUT INDUCEMENT.
32. Assumption of Rights
If Mooch pays out a security deposit, reversal, or chargeback that you file against another Mooch User, you agree that Mooch assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at Mooch's discretion.
33. Insolvency Proceedings
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Mooch will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.
34. Governing Law and Jurisdiction
All matters relating to the Platform and the Terms and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, the Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
35. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
36. Waiver and Severability
No waiver of by Mooch of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mooch to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
37. Entire Agreement
38. Your Questions and Comments
The Platform is operated by Mooch Inc. All notices of copyright infringement claims should be sent to email@example.com. All other questions, feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: firstname.lastname@example.org.