Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Rockon Platform, you agree to comply with and be bound by these Terms of Service.
Thank you for using Rockon!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Rockon Recreation Rentals LLC (as defined below) governing your access to and use of the Rockon website, including any subdomains thereof, and any other websites through which Rockon makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Rockon Services“). The Site, Application and Rockon Services together are hereinafter collectively referred to as the “Rockon Platform”. Our Vendor Guarantee Terms, Renter Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Rockon Platform are incorporated by reference into this Agreement.
When these Terms mention “Rockon,” “we,” “us,” or “our,” it refers to the Rockon company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Rockon Account as determined by either your express selection or by Rockon’s assessment of your residence using various data attributes associated with your Rockon Account.
- If your Country of Residence is the United States, you are contracting with Rockon, LLC. 805 Zoe Ct., Oviedo, FL 32765, United States.
If you change your Country of Residence, the Rockon company you contract with will be determined by your new Country of Residence as specified above, from the date on which your Country of Residence changes.
Any and all payment processing services through or in connection with your use of the Rockon Platform (“Payment Services“) are provided to you by one or more Rockon Payments entities (individually and collectively, as appropriate, “Rockon Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Vendors alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Vendor Services. For example, some cities have laws that restrict their ability to Vendor paying Renters for short periods or provide certain Vendor Services. In many cities, Vendors may have to register, get a permit or obtain a license before providing certain Vendor Services (such as guiding tours or operating a vehicle). Vendors are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Vendor Services they offer. Certain types of Vendor Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide very little to no information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Vendor Service(s) on Rockon, you should always seek legal guidance.
Table of Contents
- Scope of Rockon Services
- Eligibility, Using the Rockon Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Vendors
- Terms specific for Renters
- Reservation Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Damage to Rentals, Disputes between Members
- Rounding off, Currency conversion
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
- Scope of Rockon Services
1.1 The Rockon Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Vendors” and the services they offer are “Vendor Services”) to publish such Vendor Services on the Rockon Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Vendor Services (Members using Vendor Services are “Renters”). Vendor Services may include the offering of outdoor recreation gear and/or equipment for use (“Rental“), for a rentable time period in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other Renting and non-Renting related services.
1.2 As the provider of the Rockon Platform, Rockon does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Vendor Services, nor is Rockon an organizer or retailer of Renting packages under Directive (EU) 2015/2302. Vendors alone are responsible for their Listings and Vendor Services. When Members make or accept a reservation, they are entering into a contract directly with each other. Rockon is not and does not become a party to or other participant in any contractual relationship between Members, nor is Rockon a product broker or insurer. Rockon is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Rockon has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Rockon does not endorse any Member, Listing or Vendor Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Rockon about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in a Rental, participate in an Experience or Event or use other Vendor Services, accept a reservation request from a Renter, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Rockon of any Vendor or Listing.
1.4 If you choose to use the Rockon Platform as a Vendor or Co-Vendor (as defined below), your relationship with Rockon is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Rockon for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Rockon. Rockon does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Vendor Services. You acknowledge and agree that you have complete discretion whether to list Vendor Services or otherwise engage in other business or employment activities.
1.5 To promote the Rockon Platform and to increase the exposure of Listings to potential Renters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Rockon cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Rockon Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Rockon Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Rockon is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Rockon of such Third-Party Services.
1.7 Due to the nature of the Internet, Rockon cannot guarantee the continuous and uninterrupted availability and accessibility of the Rockon Platform. Rockon may restrict the availability of the Rockon Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Rockon Platform. Rockon may improve, enhance and modify the Rockon Platform and introduce new Rockon Services from time to time.
- Eligibility, Using the Rockon Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Rockon Platform or register a Rockon Account. By accessing or using the Rockon Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Vendor Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Rockon may make access to and use of the Rockon Platform, or certain areas or features of the Rockon Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s reservation and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Rockon Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Rockon Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Rockon Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
- Modification of these Terms
Rockon reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Rockon Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Rockon Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 You must register an account (“Rockon Account“) to access and use certain features of the Rockon Platform, such as publishing or reservation a Listing. If you are registering a Rockon Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Rockon Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your Rockon Account and your SNS Account at any time, by accessing the “Settings” section of the Rockon Platform, or by emailing us with a request to do so.
4.3 You must provide accurate, current and complete information during the registration process and keep your Rockon Account and public Rockon Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Rockon Account unless Rockon authorizes you to do so. You may not assign or otherwise transfer your Rockon Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Rockon Account credentials and may not disclose your credentials to any third party. You must immediately notify Rockon if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Rockon Account. You are liable for any and all activities conducted through your Rockon Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Rockon may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Rockon Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Vendors to add other Members as Co-Vendors (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Rockon to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Rockon may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Rockon Platform (“Member Content“); and (ii) access and view Member Content and any content that Rockon itself makes available on or through the Rockon Platform, including proprietary Rockon content and any content licensed or authorized for use by or through Rockon from a third party (“Rockon Content” and together with Member Content, “Collective Content“).
5.2 The Rockon Platform, Rockon Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Rockon Platform and Rockon Content, including all associated intellectual property rights, are the exclusive property of Rockon and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Rockon Platform, Rockon Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Rockon used on or in connection with the Rockon Platform and Rockon Content are trademarks or registered trademarks of Rockon in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Rockon Platform, Rockon Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Rockon Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rockon or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Rockon grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Rockon Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Rockon Platform, you grant to Rockon a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Rockon Platform, in any media or platform. Unless you provide specific consent, Rockon does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Rockon may offer Vendors the option of having professional photographers take photographs of their Vendor Services, which are made available by the photographer to Vendors to include in their Listings with or without a watermark or tag bearing the words “Rockon.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Vendor Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Rockon Platform if they no longer accurately represent your Listing, if you stop Vendoring the Vendor Service featured, or if your Rockon Account is terminated or suspended for any reason. You acknowledge and agree that Rockon shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Rockon is not the exclusive owner of Verified Images, by using such Verified Images on or through the Rockon Platform, you grant to Rockon an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Rockon in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Rockon Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Rockon Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Rockon Platform or you have all rights, licenses, consents and releases that are necessary to grant to Rockon the rights in and to 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 Rockon’s use of the Member Content (or any portion thereof) 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.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Rockon’s Content Policy or any other Rockon policy. Rockon may, without prior notice, remove or disable access to any Member Content that Rockon finds to be in violation of these Terms or Rockon’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Rockon, its Members, third parties, or property.
5.9 Rockon respects copyright law and expects its Members to do the same. If you believe that any content on the Rockon Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
- Service Fees
6.1 Rockon may charge fees to Vendors (“Vendor Fees“) and/or Renters (“Renter Fees“) (collectively, “Service Fees“) in consideration for the use of the Rockon Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Vendor or Renter prior to publishing or reservation a Listing. Rockon reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Rockon. The applicable Service Fees (including any applicable Taxes) are collected by Rockon Payments. Rockon Payments will deduct any Vendor Fees from the Listing Fee before remitting the payout to the Vendor. Any Renter Fees are included in the Total Fees collected by Rockon Payments. Except as otherwise provided on the Rockon Platform, Service Fees are non-refundable.
- Terms specific for Vendors
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Rockon Platform you must (i) provide complete and accurate information about your Vendor Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Rockon. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Renter requests a reservation of your Listing, you may not request that the Renter pays a higher price than in the reservation request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Rockon may enable certain Vendors to participate in its “Shared Products program.” The Shared Products program enables Vendors to provide Listings to certain Renters, such as refugees or evacuees, for free. You acknowledge that if you choose to participate in the Shared Products program, your ability to restrict your Listing to certain Renters, such as Renters with previous positive Reviews, may be limited.
7.1.5 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Vendor Services. Rockon reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Rockon Platform may vary and depend on a variety of factors, such as Renter search parameters and preferences, Vendor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Vendor Service, and/or ease of reservation.
7.1.7 When you accept or have pre-approved a reservation request by a Renter, you are entering into a legally binding agreement with the Renter and are required to provide your Vendor Service(s) to the Renter as described in your Listing when the reservation request is made. You also agree to pay the applicable Vendor Fee and any applicable Taxes.
7.1.8 Rockon recommends that Vendors obtain appropriate insurance for their Vendor Services. Please review any respective insurance policy carefully, and in particular 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 Renters (and the individuals the Renter has booked for, if applicable) while using your Rental or participating in your Experience, Event or other Vendor Service.
7.2 Listing Rentals
7.2.1 Unless expressly allowed by Rockon, you may not list more than one Rental per Listing.
7.2.2 If you choose to require a security deposit for your Rental, you must specify this in your Listing (“Security Deposit“). Vendors are not allowed to ask for a Security Deposit after a reservation has been confirmed or outside of the Rockon Platform. Rockon will use commercially reasonable efforts to address Vendors’ requests and claims related to Security Deposits, but Rockon is not responsible for administering or accepting any claims by Vendors related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the reservation of, or a Renter’s use of a Rental will (i) not breach any agreements you have entered into with any third parties, such as trespassing, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Vendor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who has possession of the Rental at your request or invitation, excluding the Renter and any individuals the Renter invites to the Rental.
7.3 Listing Experiences, Events and other Vendor Services
Vendors who list Experiences, Events and Vendor Services other tha Rental s agree to and are subject to the Additional Terms for Experience Vendors.
7.4.1 Rockon may enable Vendors to authorize other Members (“Co-Vendors”) to administer the Vendor’s Listing(s), and to bind the Vendor and take certain actions in relation to the Listing(s) as permitted by the Vendor, such as accepting reservation requests, messaging and welcoming Renters, and updating the Listing Fee and calendar availability (collectively, “Co-Vendor Services”). Any agreement formed between Vendor and Co-Vendor may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Vendor Service(s). Co-Vendors may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Rockon. Rockon reserves the right, in our sole discretion, to limit the number of Co-Vendors a Vendor may invite for each Listing and to limit the number of Listings a Co-Vendor may manage.
7.4.2 Vendors and Co-Vendors may agree on a fee (“Co-Vendor Services Fee”) in consideration for the Co-Vendor Services provided by the Co-Vendor. When such an agreement is made, the Vendor agrees to pay the Co-Vendor Services Fee for any confirmed reservation of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Vendor Fee. In addition, Vendors may instruct a Co-Vendor to provide certain one-time services in relation to their Listing. Vendors can pay Co-Vendors for one-time services and any other expenses using the Resolution Center. Rockon Payments will process all Co-Vendor Services Fees and Resolution Center payments.
7.4.3 Vendors and Co-Vendors agree that each activity, reservation, or other transaction reported on the Rockon Platform, including any Co-Vendor Services provided by the Co-Vendor and any amounts due from a Vendor to the Co-Vendor for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Rockon (by emailing Rockonrrentals@gmail.com), within 21 days of posting of the disputed activity, reservation or other transaction on the Rockon Platform.
7.4.4 Vendors should exercise due diligence and care when deciding who to add as a Co-Vendor to their Listing(s). Vendors remain solely responsible and liable for any and all Listings and Member Content published on the Rockon Platform, including any Listing created by a Co-Vendor on their behalf. Further, Vendors remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Vendor(s). Co-Vendors remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Vendor, including, but not limited to, conduct that causes harm or damage to the Vendor. In addition, both Vendor and Co-Vendor are jointly responsible and severally liable for third party claims, including Renter claims, arising from the acts and omissions of the other person as related to Vendoring activities, communications with Renters, and the provision of any Co-Vendor Services.
7.4.5 Unless agreed otherwise by Vendor and Co-Vendor, Vendor and Co-Vendor may terminate the Co-Vendor agreement at any time. In addition, both Vendor and Co-Vendor acknowledge that their Co-Vendoring relationship will terminate in the event that Rockon (i) terminates the Co-Vendor service or (ii) terminates either party’s participation in the Co-Vendor service. When the Co-Vendor agreement is terminated, the Vendor will remain responsible for all of the Co-Vendor’s actions prior to the termination, including the responsibility to fulfill any pending or future reservations initiated prior to the termination. When a Member is removed as a Co-Vendor, that Member will no longer have access to any Vendor or Renter information related to the applicable Vendor’s Listing(s). In addition, Vendor agrees to pay Co-Vendor for all Co-Vendor Services completed prior to Co-Vendor’s termination within 14 days of Co-Vendor’s termination via the Resolution Center. A Co-Vendor will not be entitled to any fees for any Co-Vendor Services that have not been completed prior to the Co-Vendor’s termination.
7.4.6 As a Co-Vendor, you will not be reviewed by Renters, meaning that your Co-Vendor activities will not affect your Reviews or Ratings for other Listings for which you are a Vendor. Instead, the Vendor of such Listing(s) will be reviewed by Renters (including potentially on the basis of the Co-Vendor’s conduct and performance). Vendors acknowledge that Reviews and Ratings from Renters for their Listing(s) may be impacted by a Co-Vendor’s conduct and performance.
- Terms specific for Renters
8.1 Terms applicable to all reservations
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Rockon and/or the Vendor, you can book a Listing available on the Rockon Platform by following the respective reservation process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Renter Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to reservation a Listing. You agree to pay the Total Fees for any reservation requested in connection with your Rockon Account.
8.1.2 Upon receipt of a reservation confirmation from Rockon, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Rockon Payments will collect the Total Fees at the time of the reservation request or upon the Vendor’s confirmation pursuant to the Payments Terms. For certain reservations, Renters may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Vendor Service on behalf of additional Renters, you are required to ensure that every additional Renter meets any requirements set by the Vendor, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Vendor. If you are reservation for an additional Renter who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Vendor Service if accompanied by an adult who is responsible for them.
8.1.4 Rockon may enable a Renter who is reservation a Listing on behalf of one or more additional Renters (the “Organizer”) to split the payment of the Total Fees for an eligible reservation on a pro-rata basis between the Organizer and at least one other additional Renter (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register a Rockon Account prior to making a payment. All payments via the Group Payment Service are handled by Rockon Payments and are subject to the Group Payment Terms of Service.
8.2 Reservation Rentals
8.2.1 You understand that a confirmed reservation of a Rental (“Rental Reservation”) is a limited license granted to you by the Vendor to possess and use the Rental for the duration of your rental period, during which time the Vendor (only where and to the extent permitted by applicable law) retains the right to re-use the Rental, in accordance with your agreement with the Vendor.
8.2.2 You agree to drop-off or return the Rental no later than the checkout time that the Vendor specifies in the Listing or such other time as mutually agreed upon between you and the Vendor. If you use the Rental past the agreed upon checkout time without the Vendor’s consent (“Late Return”), you no longer have a license to use in the Rental and the Vendor is entitled to file a police report in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Vendor, for each twenty-four (24) hour period (or any portion thereof) that you Late Return, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Vendor, plus all applicable Renter Fees, Taxes, and any legal expenses incurred by the Vendor to get your to return the Rental (collectively, “Late Return Fees“). Late Return Fees for late checkouts on the checkout date that do not impact upcoming reservations may be limited to the additional costs incurred by the Vendor as a result of such Late Return. If you Late Return a Rental, you authorize Rockon (via Rockon Payments) to charge you to collect Late Return Fees. A Security Deposit, if required by a Vendor, may be applied to any Late Return Fees due for a Renter’s Late Return.
8.3 Reservation Experiences, Events and other Vendor Services
8.3.1 You should carefully review the description of any Experience, Event or other Vendor Service you intend to book to ensure you (and any additional Renters you are reservation for) meet any minimum age, proficiency, fitness or other requirements which the Vendor has specified in their Listing. At your sole discretion you may want to inform the Vendor of any medical or physical conditions, or other circumstances that may impact your and any additional Renter’s ability to participate in any Experience, Event or other Vendor Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Vendor Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Vendor Service.
8.3.2 Before and during an Experience, Event or other Vendor Service you must at all times adhere to the Vendors’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Vendor Service unless such an individual was added by you as an additional Renter during the reservation process on the Rockon Platform.
8.4 Rockon Renting Credits
Rockon Renting Credits may be redeemed for eligible reservations via the Rockon Platform as specified in the terms and conditions provided with the Renting Credit. You may only redeem Rockon Renting Credits after the Rockon Renting Credits are reflected in your Rockon Account.
- Reservation Modifications, Cancellations and Refunds, Resolution Center
9.1 Vendors and Renters are responsible for any modifications to a reservation that they make via the Rockon Platform or direct Rockon customer service to make (“Reservation Modifications“), and agree to pay any additional Listing Fees, Vendor Fees or Renter Fees and/or Taxes associated with such Reservation Modifications.
9.2 Renters can cancel a confirmed reservation at any time pursuant to the Listing’s cancellation policy, and Rockon Payments will refund the amount of the Total Fees due to the Renter in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Vendor under the applicable cancellation policy will be remitted to the Vendor by Rockon Payments pursuant to the Payments Terms.
9.3 If a Vendor cancels a confirmed reservation, the Renter will receive a full refund of the Total Fees for such reservation within a commercially reasonable time of the cancellation. In some instances, Rockon may allow the Renter to apply the refund to a new reservation, in which case Rockon Payments will credit the amount against the Renter’s subsequent reservation at the Renter’s direction. Further, Rockon may publish an automated review on the Listing cancelled by the Vendor indicating that a reservation was cancelled. In addition, Rockon may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled reservation, and/or (ii) impose a cancellation fee, unless the Vendor has a valid reason for cancelling the reservation pursuant to Rockon’s Extenuating Circumstances Policy or has legitimate concerns about the Renter’s behavior.
9.4 For Experiences, Events and other Vendor Services, if inclement weather creates an unsafe or uncomfortable scenario for Renters, Vendors may modify or cancel a Vendor Service. If there is a substantial change in the itinerary or the Vendor Service needs to be cancelled, Rockon will work with the Vendor and/or Renters to provide Renters an alternative date for the Vendor Service, an appropriate refund or a rereservation.
9.5 In certain circumstances, Rockon may decide, in its sole discretion, that it is necessary to cancel a confirmed reservation and make appropriate refund and payout decisions. This may be for reasons set forth in Rockon’s Extenuating Circumstances Policy or (i) where Rockon believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Rockon, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Renter suffers a Renting Issue pursuant to the Renter Refund Policy, Rockon may determine, in its sole discretion, to refund the Renter part or all of the Total Fees in accordance with the Renter Refund Policy.
9.7 If, as a Vendor, your Renter cancels a confirmed reservation or Rockon decides that it is necessary to cancel a confirmed reservation, and Rockon issues a refund to the Renter in accordance with the Renter Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Rockon Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Vendor Services, Co-Vendor Services or Damage Claims related to reservations. You agree to pay all amounts sent through the Resolution Center in connection with your Rockon Account, and Rockon Payments will handle all such payments.
- Ratings and Reviews
10.1 Within a certain timeframe after completing a reservation, Renters and Vendors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Rockon. Ratings and Reviews are not verified by Rockon for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Renters and Vendors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Rockon’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Rockon Platform (such as the Listing page) together with other relevant information such as number of reservations, number of cancellations, average response time and other information.
- Damage to Rentals, Disputes between Members
11.1 As a Renter, you are responsible for leaving the Rental (including any personal or other property located at the Rental) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rental, excluding the Vendor (and the individuals the Vendor invites to the Rental, if applicable).
11.2 If a Vendor claims and provides evidence that you as a Renter have damaged a Rental or any personal or other property of the Rental (“Damage Claim“), the Vendor can seek payment from you through the Resolution Center. If a Vendor escalates a Damage Claim to Rockon, you will be given an opportunity to respond. If you agree to pay the Vendor, or Rockon determines in its sole discretion that you are responsible for the Damage Claim, Rockon Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Rockon also reserves the right to otherwise collect payment from you and pursue any remedies available to Rockon in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Vendors under the Rockon Vendor Guarantee.
11.3 Members agree to cooperate with and assist Rockon in good faith, and to provide Rockon with such information and take such actions as may be reasonably requested by Rockon, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Rentals or any personal or other property located at a Rental (including, without limitation, payment requests made under the Rockon Vendor Guarantee), (ii) Experiences, (iii) Co-Vendor agreements, or (iv) a Group Payment Reservation. A Member shall, upon Rockon’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Rockon or a third party selected by Rockon or its insurer, with respect to losses for which a Member is requesting payment from Rockon (including but not limited to payments under the Rockon Vendor Guarantee).
11.4 If you are a Renter or a Co-Vendor, you understand and agree that Rockon may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Rental ) of the Vendor (including without limitation amounts paid by Rockon under the Rockon Vendor Guarantee). You agree to cooperate with and assist Rockon in good faith, and to provide Rockon with such information as may be reasonably requested by Rockon, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Rockon may reasonably request to assist Rockon in accomplishing the foregoing.
- Rounding off
Rockon generally supports payment amounts that are payable from or to Renters or Vendors to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Rockon’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Rockon may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Vendors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Rockon may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Vendor you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Vendors, or to withhold Taxes from payouts to Vendors, or both. If a Vendor fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Rental is located may require Taxes to be collected from Renters or Vendors on Listing Fees, 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 Listing Fees set by Vendors, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).
13.4 In certain jurisdictions, Rockon may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Renters or Vendors, in accordance these Terms (“Collection and Remittance“) if such jurisdiction asserts Rockon or Vendors have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Rockon (via Rockon Payments) to collect Occupancy Taxes from Renters on the Vendor’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Rockon will be visible to and separately stated to both Renters and Vendors on their respective transaction documents. Where Rockon is facilitating Collection and Remittance, Vendors are not permitted to collect any Occupancy Taxes being collected by Rockon relating to their Rentals in that jurisdiction.
13.5 You agree that any claim or cause of action relating to Rockon’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Rockon in connection with facilitation of Collection and Remittance, if any. Renters and Vendors agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Rockon from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Rockon reserves the right, with prior notice to Vendors, to cease the Collection and Remittance in any jurisdiction for any reason at which point Vendors and Renters are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Rentals in that jurisdiction.
- Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Rockon Platform. In connection with your use of the Rockon Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the Rockon Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Rockon endorsement, partnership or otherwise misleads others as to your affiliation with Rockon;
- use the Rockon Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Vendor, any Rental that you do not yourself own or have permission to make available through the Rockon Platform;
- unless Rockon explicitly permits otherwise, book any Listing if you will not actually be using the Vendor Services yourself;
- contact another Member for any purpose other than asking a question related to a your own reservation, Listing, or the Member’s use of the Rockon Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Rockon Platform to request, make or accept a reservation independent of the Rockon Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Rockon Platform or Rockon Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Rockon harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services associated with the Rockon Shared Products program as determined by Rockon in its sole discretion.
- use, display, mirror or frame the Rockon Platform or Collective Content, or any individual element within the Rockon Platform, Rockon’s name, any Rockon trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Rockon Platform, without Rockon’s express written consent;
- dilute, tarnish or otherwise harm the Rockon brand in any way, including through unauthorized use of Collective Content, registering and/or using Rockon or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Rockon domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Rockon Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Rockon or any of Rockon’s providers or any other third party to protect the Rockon Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Rockon Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Rockon Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Rockon has no obligation to monitor the access to or use of the Rockon Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Rockon Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Rockon in good faith, and to provide Rockon with such information and take such actions as may be reasonably requested by Rockon with respect to any investigation undertaken by Rockon or a representative of Rockon regarding the use or abuse of the Rockon Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rockon by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Rockon terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Rockon Account as a Vendor, any confirmed reservation(s) will be automatically cancelled and your Renters will receive a full refund. If you cancel your Rockon Account as a Renter, any confirmed reservation(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, Rockon may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 Rockon may immediately, without notice, terminate this Agreement and/or stop providing access to the Rockon Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Rockon believes in good faith that such action is reasonably necessary to protect the personal safety or property of Rockon, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Rockon may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Rockon Account registration, Listing process or thereafter, (iv) you and/or your Listings or Vendor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Rockon otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed reservations or failed to respond to reservation requests without a valid reason, or (vii) Rockon believes in good faith that such action is reasonably necessary to protect the personal safety or property of Rockon, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed reservations;
- limit your access to or use of the Rockon Platform;
- temporarily or permanently revoke any special status associated with your Rockon Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Rockon Account and stop providing access to the Rockon Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Rockon and an opportunity to resolve the issue to Rockon’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Renters in full for any and all confirmed reservations that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed reservations that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Rockon Account or any of your Member Content. If your access to or use of the Rockon Platform has been limited or your Rockon Account has been suspended or this Agreement has been terminated by us, you may not register a new Rockon Account or access and use the Rockon Platform through a Rockon Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Rockon Platform or Collective Content, you do so voluntarily and at your sole risk. The Rockon Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Rockon Services, laws, rules, or regulations that may be applicable to your Listings and/or Vendor Services you are receiving and that you are not relying upon any statement of law or fact made by Rockon relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Vendor Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Vendor Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Vendor Services. You assume full responsibility for the choices you make before, during and after your participation in a Vendor Service or the Group Payment Service. If you are bringing a minor as an additional Renter, you are solely responsible for the supervision of that minor throughout the duration of your Vendor Service and to the maximum extent permitted by law, you agree to release and hold harmless Rockon from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Vendor Service or in any way related to your Vendor Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Rockon Platform and Collective Content, your publishing or reservation of any Listing via the Rockon Platform, your use at any Rental, participation in any Experience or Event or use of any other Vendor Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Rockon nor any other party involved in creating, producing, or delivering the Rockon Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Rockon Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Rockon Platform, or (iv) from your publishing or reservation of a Listing, including the provision or use of a Listing’s Vendor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Rockon has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Vendors pursuant to these Terms or an approved payment request under the Rockon Vendor Guarantee, in no event will Rockon’s aggregate liability arising out of or in connection with these Terms and your use of the Rockon Platform including, but not limited to, from your publishing or reservation of any Listings via the Rockon Platform, or from the use of or inability to use the Rockon Platform or Collective Content and in connection with any Rental, Experiences, Event,other Vendor Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for reservations via the Rockon Platform as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Vendor, the amounts paid by Rockon to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Rockon and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Rockon’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If your Country of Residence is in the EU, Rockon is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Rockon is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Rockon in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Rockon is excluded.
You agree to release, defend (at Rockon’s option), indemnify, and hold Rockon and its affiliates and subsidiaries, including but not limited to, Rockon Payments, 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Rockon Platform or any Rockon Services, (iii) your interaction with any Member, use at a Rental , participation in an Experience, Event or other Vendor Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use, participation or use, (iv) Rockon’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
- Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Rockon in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Rockon is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Rockon’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Rockon each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Rockon’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Rockon mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Rockon Platform, the Vendor Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Rockon agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Rockon each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Rockon agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Rockon both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and Rockon agree that Rockon will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Rockon agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. 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 with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Rockon acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Rockon acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Rockon both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Rockon changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Rockon’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Rockon in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Rockon Platform or terminate your Rockon Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rockon Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Rockon Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Applicable Law and Jurisdiction
21.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
- General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Rockon and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Rockon and you in relation to the access to and use of the Rockon Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Rockon as a result of this Agreement or your use of the Rockon Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Rockon’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Rockon’s prior written consent. Rockon may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 If you have any questions about these Terms please email us at firstname.lastname@example.org, and provide subject line ‘Terms of Service Questions’.