Vendor Guarantee Terms and Conditions

Vendors may benefit from the Rockon Vendor Guarantee program (the “Rockon Vendor Guarantee”), which is subject to these terms and conditions (the “Vendor Guarantee Terms”). The Vendor Guarantee Terms apply in addition to Rockon’s Terms of Service (“Rockon Terms”) and the Payments Terms of Service (“Payments Terms“).

All capitalized terms shall have the meaning set forth in the Rockon Terms or Payments Terms, unless otherwise defined in these Vendor Guarantee Terms. If you agree to these Vendor Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Vendor Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Except as permitted by law, these Vendor Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Vendor Guarantee Terms, please email us, and please provide subject line ‘Vendor Guarantee Term Copy Request’.

The Rockon Vendor Guarantee:

    1. Rockon guarantees to provide a full refund, and/or reverse booking reservations if the reservation time slot does not exist and was processed in error.
    2. If Vendor incurs a loss related to a specific reservation because of erroneous information on the Rockon Platform, Rockon guarantees it will work with Vendor to find a mutually agreeable resolution.

Indemnification

You agree to release, defend, indemnify, and hold Rockon and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Rockon Vendor Guarantee and these Vendor Guarantee Terms.

If you rent (rather than own) the Reservation that you list as a Covered Reservation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Reservation. You are fully responsible for securing the lessor’s permission to list the Reservation with Rockon and complying with the scope of any permission granted.

Entire Agreement

These Vendor Guarantee Terms constitute the entire and exclusive understanding and agreement between Rockon and you regarding the Rockon Vendor Guarantee and these Vendor Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Rockon and you regarding the Rockon Vendor Guarantee.

Assignment

You may not assign or transfer these Vendor Guarantee Terms, by operation of law or otherwise, without Rockon’s prior written consent. Any attempt by you to assign or transfer these Vendor Guarantee Terms, without such consent, will be null and of no effect. Rockon may assign or transfer these Vendor Guarantee Terms, at its sole discretion, without restriction. Your right to terminate the Agreement with Rockon remains unaffected. Subject to the foregoing, these Vendor Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Rockon via email, Rockon Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Rockon transmits the notice.

Controlling Law and Jurisdiction

These Vendor Guarantee Terms will be interpreted in accordance with Section 21 of the Rockon Terms.

Waiver and Severability

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

XII. Contacting Rockon

If you have any questions about these Rockon Vendor Guarantee Terms, please email us at rockonrrentals@gmail.com, and provide subject line ‘Vendor Guarantee Terms Questions’.

Vendor Guarantee Terms and Conditions

Rockon (hereafter referred to as “Rockon”, “we”, “us”, or “our”) provides an online platform that connects Vendors (hereafter referred to as “Vendor”, “you”, or “your”) who create listings for Reservations that are made available for Reservation by Renters (defined below) seeking to book such Reservations (collectively, the “Services”), which Services are accessible at http://www.Rockonrr.com and any other platform through which Rockon makes the Services available (collectively, the “Site”) and via applications for mobile devices (collectively, the “Application”). Rockon refers to (i) Rockon, Inc. if you reside in the USA, (ii) Rockon Ireland UC (hereinafter referred to as Rockon Ireland) if you reside outside of the USA and the People’s Republic of China (which for purposes of these Rockon Vendor Guarantee Terms does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), and (iii) Rockon Internet (Beijing) Co., Ltd. (“Rockon China”) if you reside in China, except when you create a Listing (defined below) outside of China, in which case Rockon refers to Rockon Ireland for that transaction. Additionally, Rockon will refer to Rockon Ireland if you reside in China for all Reservations confirmed prior to December 7, 2016 at 10:00am UTC. For purposes of these Vendor Guarantee Terms and Conditions, “Rockon”, “we”, “us” or “our” shall also include, as applicable, Rockon’s insurer under the Rockon Insurance Policy or Rockon’s insurance adjuster. Whether, as a Vendor (defined further below) you have posted a single Listing (defined below) on one Rockon website or several Listings on multiple Rockon websites, you may benefit from the Rockon Vendor Guarantee program (the “Rockon Vendor Guarantee”), the terms, limitations and conditions for which are set forth below (the “Rockon Vendor Guarantee Terms”). Please read these Rockon Vendor Guarantee Terms carefully. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A VENDOR, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE ROCKON VENDOR GUARANTEE TERMS. If you accept or agree to these Rockon Vendor Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Rockon Vendor Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THE ROCKON VENDOR GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES (DEFINED BELOW). YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FOR ANY COVERED LOSSES. PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED RESERVATION,” “COVERED LOSSES,” “COVERED PROPERTY” AND “EXCLUDED PROPERTY” BELOW SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THE ROCKON VENDOR GUARANTEE. You acknowledge and agree to use your best efforts to communicate with the Responsible Renter (defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify the Responsible Renter about your complaint and attempt to resolve the loss or damage with the Responsible Renter within the earlier of (i) fourteen (14) days of the possession return date, or (ii) before your next Renter takes possession. If you and the Responsible Renter are unable to come to a resolution within seventy-two (72) hours after first contacting the Responsible Renter, you may involve Rockon to help facilitate the resolution of your dispute through the Resolution Center. If you are unable to reach a resolution with the Responsible Renter after submitting the claim to the Resolution Center, you must notify Rockon within thirty (30) days after you have incurred the Covered Loss in order to be eligible for the Vendor Guarantee, unless we provide a written extension of such deadline. You acknowledge and agree that any amount of Covered Losses payable to you under the Rockon Vendor Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the Rockon Vendor Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a deposit; or (iii) payment directly by the Responsible Renter or an Invitee (defined below), or other party or an insurer or guarantor of such party. Except as permitted by law, these Rockon Vendor Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Rockon Vendor Guarantee Terms, please contact Rockon at rockonrrentals@gmail.com. I. The Rockon Vendor Guarantee Rockon agrees to pay you, as a Vendor, to repair or replace your Covered Property damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions and conditions in the Rockon Vendor Guarantee. II. Key Defined Terms The following capitalized terms shall have the following meanings: “Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation. “Rockon Vendor Guarantee Payment Request Form” means Rockon’s standard form as amended from time to time, accessible through the Resolution Center or by contacting customer service directly, that a Vendor uses to request payment from Rockon pursuant to these Rockon Vendor Guarantee Terms. “Rockon Insurance Policy” means an insurance policy issued by an insurer to Rockon pursuant to which Rockon is insured against losses arising under the Rockon Vendor Guarantee. “Reservation Income Loss” is the loss of Reservation income from the booked portion of a Covered Reservation (according to bona fide Rockon confirmed Reservations, contracts or agreements in force prior to the established time of loss) by you, as a Vendor, resulting from a Covered Loss. Reservation Income Loss does not include non-continuing charges and expenses or any loss of Reservation income during any period in which the Covered Reservation would not have been tenantable for any reason other than a Covered Loss. The Reservation Income Loss will be measured by Rockon’s insurer starting from the time of occurrence of the Covered Loss and ending when the Covered Reservation can be made ready for habitation under the same or equivalent physical and operating conditions that existed prior to the damage. “Covered Reservation” means a Reservation that can be used as outdoor gear or equipment and that is (i) owned or legally controlled by you as a Vendor during the period of the Responsible Renter’s possession under a paid Reservation and (ii) listed by you on the Site and booked by such Responsible Renter in compliance with the Rockon Terms of Service. A vehicle (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) booked through the Services constitutes a “Covered Reservation” only to the extent it is stationary. “Covered Losses” means and is limited to direct physical loss or physical damage incurred by a Vendor to Covered Property of such Vendor located at a Covered Reservation caused by the Responsible Renter or an Invitee of the Responsible Renter while possessing such Covered Reservation booked by such Responsible Renter through the Services. Covered Losses do not include any losses or damage described under Excluded Losses below. YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE ROCKON INSURANCE POLICY. TO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORDED BY THE ROCKON VENDOR GUARANTEE, ROCKON STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY RENTERS OR RENTERS’ INVITEES IN THE EVENT ROCKON OR ITS INSURER DECLINES COVERAGE FOR CLAIMS UNDER THE ROCKON VENDOR GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THE ROCKON VENDOR GUARANTEE. VI. Acknowledgments and Agreements by the Vendor You acknowledge and agree that:

  • The Rockon Vendor Guarantee is a guarantee of obligations of a Responsible Renter to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by Rockon to you with respect to an Approved Payment Request from the Responsible Renter or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.
  • Rockon provides Vendors with the Rockon Vendor Guarantee benefits described herein solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.
  • These Rockon Vendor Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Rockon Vendor Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
  • The benefits provided under these Rockon Vendor Guarantee Terms are solely as set forth in the paragraph entitled “Rockon Vendor Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  • Rockon and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Rockon Vendor Guarantee Payment Request Form that you file with Rockon, notwithstanding your delivery of all information and materials that you are required to provide Rockon in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Rockon Vendor Guarantee.”

To the extent permissible by applicable law in your jurisdiction, Rockon reserves the right to modify or terminate these Rockon Vendor Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Rockon terminates these Rockon Vendor Guarantee Terms in accordance with the foregoing, Rockon will provide you with notice of such termination and Rockon will continue to process all Rockon Vendor Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Rockon Vendor Guarantee Payment Request Forms will immediately terminate. If Rockon modifies these Rockon Vendor Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Rockon will continue to process all Rockon Vendor Guarantee Payment Request Forms that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application or Services as a Vendor after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Rockon Vendor Guarantee Terms. If the modified Rockon Vendor Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Vendor. In addition to and without limiting Rockon’s rights set forth above in the immediately preceding paragraph, Rockon reserves the right to modify or terminate these Rockon Vendor Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Rockon Vendor Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Rockon is required to obtain a license or permit of any kind to continue to provide these Rockon Vendor Guarantee Terms in any jurisdiction; or (iii) Rockon determines or a court or arbitrator holds that the provisions of these Rockon Vendor Guarantee Terms violate applicable law. If Rockon modifies or terminates these Rockon Vendor Guarantee Terms in accordance with the foregoing, Rockon will process all Rockon Vendor Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority. Rockon’s obligations hereunder are contingent upon the availability of insurance proceeds under the Rockon Insurance Policy. The applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Renter booked or reserved the applicable Covered Reservation or the date on which the Vendor listed the Covered Reservation. If the policy terms and conditions change in any material respect between the date of the Listing and the first date of the Renter’s stay, Rockon will use its best efforts to notify you of the change(s) pursuant to the procedures set forth above in this section. VIII. Subrogation Rockon and/or Rockon’s insurer have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the Rockon Vendor Guarantee by, or on behalf of, Rockon, you will assist in and cooperate fully with Rockon regarding any and all efforts at subrogation. IX. Disclaimers and Limitations of Liability IF YOU CHOOSE TO USE THE SITE, APPLICATION, OR SERVICES AS A VENDOR, YOU DO SO AT YOUR SOLE RISK. THE ROCKON VENDOR GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROCKON EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROCKON MAKES NO WARRANTY THAT THE ROCKON VENDOR GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROCKON OR THROUGH THE SITE, APPLICATION, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 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 SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY RESERVATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER ROCKON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION AND SERVICES 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 FOR ANY DAMAGES FOR (1) PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE ROCKON VENDOR GUARANTEE TERMS, (2) FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION OR SERVICES, (3) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, OR (4) FROM YOUR LISTING OF ANY RESERVATION VIA THE SITE, APPLICATION AND SERVICES. ROCKON WILL NOT BE LIABLE FOR ANY SUCH DAMAGES DESCRIBED ABOVE, 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 ROCKON’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE ROCKON VENDOR GUARANTEE TERMS, IN NO EVENT WILL ROCKON’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE ROCKON VENDOR GUARANTEE TERMS; (B) YOUR USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, POSTING A LISTING, (C) ANY RESERVATION AND (D) YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED 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 DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROCKON AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. X. General Provisions Indemnification You agree to release, defend, indemnify, and hold Rockon and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Rockon Vendor Guarantee and these Rockon Vendor Guarantee Terms. If you rent (rather than own) the Reservation that you list as a Covered Reservation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Reservation. You are fully responsible for securing the lessor’s permission to list the Reservation with Rockon and complying with the scope of any permission granted. Entire Agreement These Rockon Vendor Guarantee Terms constitute the entire and exclusive understanding and agreement between Rockon and you regarding the Rockon Vendor Guarantee and these Rockon Vendor Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Rockon and you regarding the Rockon Vendor Guarantee. Assignment You may not assign or transfer these Rockon Vendor Guarantee Terms, by operation of law or otherwise, without Rockon’s prior written consent. Any attempt by you to assign or transfer these Rockon Vendor Guarantee Terms, without such consent, will be null and of no effect. Rockon may assign or transfer these Rockon Vendor Guarantee Terms, at its sole discretion, without restriction. Subject to the foregoing, these Rockon Vendor Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Rockon Vendor Guarantee Terms, will be in writing and given by Rockon (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Controlling Law These Rockon Vendor Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. Dispute Resolution General. You and Rockon agree that any dispute, claim or controversy arising out of or relating to these Rockon Vendor Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and Rockon are each waiving the right to a trial by jury or 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. Further, unless both you and Rockon otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Rockon Vendor Guarantee Terms. Arbitration Rules and Governing Law. This agreement to arbitrate 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 the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at +1 800 778 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Rockon otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Rockon submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Disclaimers and Limitations of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Rockon will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Arbitration Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Rockon will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the “Modification or Termination of Rockon Vendor Guarantee Terms” section above, if Rockon changes this “Dispute Resolution” section after the date you first accepted these Rockon Vendor Guarantee Terms (or accepted any subsequent changes to these Rockon Vendor Guarantee Terms), you may reject any such change by sending us written notice (including by email to rockonrrentals@gmail.com) within 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 this “Dispute Resolution” section as of the date you first accepted these Rockon Vendor Guarantee Terms (or accepted any subsequent changes to these Rockon Vendor Guarantee Terms). Waiver and Severability The failure of Rockon to enforce any right or provision of these Rockon Vendor Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rockon. Except as expressly set forth in these Rockon Vendor Guarantee Terms, the exercise by either party of any of its remedies under these Rockon Vendor Guarantee Terms will be without prejudice to its other remedies under these Rockon Vendor Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Rockon Vendor Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Rockon Vendor Guarantee Terms will remain in full force and effect. XI. Contacting Rockon If you have any questions about these Rockon Vendor Guarantee Terms, please contact Rockon at rockonrrentals@gmail.com. XII. Additional Clauses for Users Contracting with Rockon Ireland The following paragraphs will apply if you are contracting with Rockon Ireland. The Controlling Law clause shall be removed and replaced with the following: Controlling Law and Jurisdiction These Rockon Vendor Guarantee Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If Rockon wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.” The Dispute Resolution clause shall be removed and is not applicable. XIII. Additional Clauses for Users Contracting with Rockon China The following paragraphs will apply if you are contracting with Rockon China. The Controlling Law clause shall be removed and replaced with the following: Controlling Law and Jurisdiction These Rockon Vendor Guarantee Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Rockon Vendor Guarantee Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Rockon may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.” The Dispute Resolution clause shall be removed and is not applicable.