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’.

  1. The Rockon Vendor Guarantee

Rockon agrees to pay you, as a Vendor, to repair or replace your Covered Property (as defined below) damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions in the Vendor Guarantee Terms.

You must comply with all of the requirements and conditions in these Vendor Guarantee Terms in order to be eligible to receive any payments for Covered Losses. 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 (as defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify Rockon as well as 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. You may fulfill this obligation by submitting a claim via the Rockon Resolution Center.

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.

  1. 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.

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 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 located in the Territory 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 stay at such Reservation and (ii) listed by you on the Rockon Platform and booked by such Responsible Renter in compliance with the Rockon Terms. 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 and used solely for lodging purposes.

Covered Losses” means and is limited to direct physical loss or physical damage to a Vendor’s Covered Property caused by the Responsible Renter or an Invitee of the Responsible Renter during an Rockon stay. Covered Losses do not include any losses or damage described under Excluded Losses below.

Covered Property” means and is limited to the following property located at a Covered Reservation, or within 1,000 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):

  • A. Real property, including new buildings and additions under construction located at the site of such Covered Reservation, in which you have an insurable interest.
  • B. Personal property that is:
    1. owned by you, including your interest as a tenant in improvements and betterments.
    2. not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage.
    3. not owned by you, but is in your custody and for which you have legal liability for physical loss or damage to the property.

Excluded Losses” has the meaning set forth in Section III below.

Excluded Property” means any of the following:

  1. Currency, money, precious metal in bullion form, notes or securities.
  2. Land, water or any other substance in or on land; except this exclusion does not apply to (i) land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.
  3. Animals, including, but not limited to, livestock and pets.
  4. Standing timber; growing crops.
  5. Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Reservation. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  6. Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Reservation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  7. Underground mines or mine shafts or any property within such mine or shaft.
  8. Dams, dikes and levees.
  9. Property in transit, except as otherwise provided by these Rockon Vendor Guarantee Terms.
  10. Transmission and distribution lines beyond 1,000 feet of the Covered Reservation.
  11. Any damage to any property that is not in, at, or on a Covered Reservation.
  12. Real property owned by a party other than you and that you do not control.

Fine Arts” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; and similar property of rarity, historical value, or artistic merit. “Fine Arts” does not include automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, watercraft, aircraft, money, or securities.

Invitee” means a person invited to be present at a Covered Reservation by a Responsible Renter.

Limit” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Reservation is located at the exchange rate applicable on the date of payment by Rockon under these Rockon Vendor Guarantee Terms.

Ordinary Wear and Tear” means the deterioration in condition of property that occurs under normal use and conditions.

Responsible Renter” means the Renter who booked your Covered Reservation for the period during which you incurred the Covered Losses.

Territory” means the countries where the Rockon allows Reservation and the Vendor Guarantee is available. Any Territory where the Vendor Guarantee is not available will be disclosed on the Vendor Guarantee landing page.

III. Limitations and Exclusions

The Rockon Vendor Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):

  1. any losses caused by a Renter or Invitee after the expiration of the Reservation period shown in the applicable Listing.
  2. losses or damages for Covered Property, which arise out of any one Reservation of a Covered Reservation by a Responsible Renter, in excess of the Limit.
  3. in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
  4. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:
    1. Excluded Property;
    2. acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;
    3. excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Reservation;
    4. indirect or remote causes;
    5. interruption of business, loss of market and/or loss of use, except that the Rockon Vendor Guarantee does cover Reservation Income Loss;
    6. loss, damage, or deterioration arising from any delay;
    7. mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
    8. enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
    9. animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
    10. identity theft or identity fraud.
  5. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:
    1. any Vendorile act or act of war, terrorism, insurrection or rebellion;
    2. actual or threatened malicious use of poisonous biological or chemical materials;
    3. nuclear reaction or radiation or radioactive contamination;
    4. seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
    5. contraband, or illegal transportation or trade;
    6. any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Renter or Invitee and such act is done without your knowledge; or
    7. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
  6. the following conditions:
    1. faulty workmanship, material, construction or design from any cause;
    2. deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
    3. Ordinary Wear and Tear;
    4. settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
    5. changes of temperature or relative humidity; or
    6. damage caused by insects, animals or vermin (including pets);

provided, that any physical damage resulting from any of the conditions listed above will be covered by the Rockon Vendor Guarantee if not otherwise excluded under the Rockon Vendor Guarantee.

  1. any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
  2. any fees that may be charged to a Renter by a Vendor for additional individuals invited to, or otherwise provided access to, the Covered Reservation who are not included in the Renter’s Reservation of such Covered Reservation.
  3. Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data will not be paid. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with, electronically controlled equipment.
  1. Conditions to the Rockon Vendor Guarantee

In order to be eligible to obtain payment under these Vendor Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Covered Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.

You must have incurred Covered Losses.

You must have used reasonable efforts in connection with the stay of the Responsible Renter at such Covered Reservation to comply with Rockon’s safety guidelines as described at https://www.Rockon.com/standards.

You must inspect the applicable Covered Reservation to determine whether there are any physical losses or damages to any Covered Property and notify Rockon of such losses or damages within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Renter’s Reservation of the applicable Covered Reservation or (ii) the date by which the next subsequent Reservation of the same Covered Reservation begins. You can notify Rockon either by opening a claim in the Resolution Center or by contacting customer support directly.

For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing an Rockon Vendor Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide Rockon with a copy of such report, certified by you as true and correct.

You must provide Rockon with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Rockon.

Within thirty (30) days after you have incurred a Covered Loss, you must (i) complete and file an Rockon Vendor Guarantee Payment Request Form and (ii) deliver a signed and sworn proof of loss to us, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:

  • The time, cause and origin of the Covered Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
  • The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
  • The Actual Cash Value and replacement value of each item of the Covered Property, as well as thethe amount of such loss or damage to each item of such Covered Property.
  • All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
  • Any changes in the title, use, occupation, location, possession, or exposures of the Covered Reservation since the date of the Listing.
  • The identity of and other information known about the Responsible Renter, any Invitee and any other party present at or using the Covered Reservation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Reservation was being used by such parties on such date and whether or not it then stood on leased ground.
  • The date when you contacted the Responsible Renter to request payment for the loss you are claiming, and the date on which the Responsible Renter declined or failed to pay for the loss.

As part of the signed and sworn proof of loss described above, you must provide Rockon with all information it reasonably requests in order to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property.

You must (i) protect and preserve damaged Covered Property from further loss or damage and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed.

You must, as often as may be reasonably requested by Rockon or its designees (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.

You must permit Rockon or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Rockon or Rockon’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.

You must cooperate with Rockon, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Rockon or its designees may require or request to process the applicable Rockon Vendor Guarantee Payment Request Form.

With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that reaches or exceeds fifty thousand US dollars (US $50,000), and provide Rockon with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Rockon in writing of the lender/mortgagee’s request and transmit a written copy of said request to Rockon, and provide all other information to enable Rockon to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction.

You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) Rockon’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you.

  1. Disposition of Vendor Payment Requests

Rockon Vendor Guarantee Payment Request Form

Rockon will complete its processing of any Rockon Vendor Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Rockon Vendor Guarantee Payment Request Form, and (b) provided Rockon with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Rockon Vendor Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your Rockon Vendor Guarantee Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the Rockon Vendor Guarantee, you will be required to execute and deliver to Rockon the “Rockon Vendor Guarantee Approved Payment Request Agreement”, which includes your agreement:

  1. to assign to Rockon or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Renter or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
  2. to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Renter or from an Invitee or from any other party;
  3. to release and hold harmless Rockon and its insurer and all officers, directors, employees, contractors and agents of Rockon from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Rockon Vendor Guarantee Payment Request Form;
  4. if requested, to treat as “confidential information” the amount of any payment made under the Rockon Vendor Guarantee; and
  5. to refund to us any amounts in excess of the Covered Loss in the Approved Payment Request as a result of a systems or payment processing error.

The duration of the processing period of any Rockon Vendor Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Reservation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide Rockon regarding the Covered Losses; and (v) the number of Rockon Vendor Guarantee Payment Request Forms that are currently being processed for other Vendors.

Approved Payment Request

If you have filed an Rockon Vendor Guarantee Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by Rockon or its designees. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by Rockon and, as a condition of payment hereunder, you will be required to deliver to Rockon an executed Approved Payment Request Agreement. Rockon may use third party service providers to assist in the processing of the Rockon Vendor Guarantee Payment Request Forms and Rockon or its designees may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If an Rockon Vendor Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the Rockon Vendor Guarantee, including without limitation any payments made directly to the owner of any Covered Property.

Determination of the Amount of the Covered Loss

The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

  1. On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
  2. On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
  3. For all Covered Property (other than that described in paragraphs 1 and 2 above), the loss amount will be the lesser of (i) the Actual Cash Value (assuming such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss); (ii) the cost to repair such damaged Covered Property; (iii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
  4. Any amount of any Covered Losses payable under the Rockon Vendor Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Renter, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
  5. Covered Losses will be paid in the currency of the United States of America unless, in Rockon’s sole discretion, Rockon elects to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).

The Rockon Vendor Guarantee is not an insurance policy. To the extent you desire protection beyond the Rockon Vendor Guarantee, Rockon strongly encourages you to purchase insurance that will cover you and your property for losses caused by Renters or Renters’ invitees in the event your loss is not within the terms of the Rockon Vendor Guarantee.

  1. 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 Rockon Platform by building customer loyalty and strengthening customer confidence as to use of the Rockon Platform.
  • These 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 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 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.”

You acknowledge and agree that if you make a claim under this Vendor Guarantee, you give Rockon consent to review all communications between you and the allegedly Responsible Renter via the Rockon Platform.

Rockon reserves the right, at any time, to offset or deduct from the amounts payable or paid by Rockon to you under these Vendor Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages.

Because these Vendor Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Rockon will be entitled to exoneration with respect to any potential guaranty obligation under these Vendor Guarantee Terms.

VII. Modification or Termination of Rockon Vendor Guarantee Terms

To the extent permissible by applicable law in your jurisdiction, Rockon reserves the right to modify or terminate these Vendor Guarantee Terms, at any time, in its sole discretion.

If Rockon terminates these Vendor Guarantee Terms, Rockon will provide you with notice by email at least thirty (30) days before 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 Vendor Guarantee Terms, we will post the modification on the Rockon Platform at https://www.Rockon.com/guarantee. Rockon will continue to process all Rockon Vendor Guarantee Payment Request Forms that you filed prior to the effective date of the modification.

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 Vendor Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these 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 Vendor Guarantee Terms in any jurisdiction; or (iii) Rockon determines or a court or arbitrator holds that the provisions of these Vendor Guarantee Terms violate applicable law. If Rockon modifies or terminates these 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.

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.

  1. Disclaimers and Limitations of Liability

If you choose to use the Rockon Platform 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.

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 your listing of any Reservations via the Rockon Platform remains with you. Neither Rockon nor any other party involved in creating, producing, or delivering the Rockon Platform 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 Vendor Guarantee terms, (2) from the use of or inability to use the Rockon Platform, (3) from any communications, interactions or meetings with other users of the Rockon Platform or other persons with whom you communicate or interact as a result of your use of the Rockon Platform, or (4) from your listing of any Reservation via the Rockon Platform. 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 Vendor Guarantee Terms, in no event will Rockon’s aggregate liability arising out of or in connection with (a) these Vendor Guarantee Terms; (b) your use of or inability to use the Rockon Platform 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. 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.

If you reside 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.

  1. Dispute Resolution and Arbitration Agreement
  1. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Rockon in the United States (to the extent not in conflict with Section 21 of the Rockon Terms).
  2. Overview of Dispute Resolution Process. Rockon is committed to participating in a consumer-friendly dispute resolution process. To that end, these Vendor Guarantee Terms provide for a two-part process for individuals to Section X.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 X). Specifically, the process provides:
    • 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.
  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.
  4. Agreement to ArbitrateYou and Rockon mutually agree that any dispute, claim or controversy arising out of or relating to these Vendor Guarantee Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Rockon Platform, the Vendor Services, 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.
  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).
  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 (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at http://www.adr.org/ or by calling the AAA at 1–800–778–7879.
  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.
  8. Modification of AAA Rules – Attorney’s Fees and Costs. 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.
  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.
  10. Jury Trial WaiverYou and Rockon acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
  11. No Class Actions or Representative ProceedingsYou 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.
  12. Severability. Except as provided in Section X.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.
  13. Changes. Notwithstanding the provisions of Section VII (“Modification or Termination of Rockon Vendor Guarantee Terms”), if Rockon changes this Section X (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Vendor Guarantee Terms (or accepted any subsequent changes to these Vendor Guarantee 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” section as of the date you last accepted these Vendor Guarantee Terms (or accepted any subsequent changes to these Vendor Guarantee Terms).
  14. Survival. Except as provided in Section X.12 and subject to Section 15.8 of the Rockon Terms, this Section X will survive any termination of these Vendor Guarantee Terms and will continue to apply even if you stop using the Rockon Platform or terminate your Rockon Account.
  1. 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 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

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: THE DISPUTE RESOLUTION SECTION OF THESE ROCKON VENDOR GUARANTEE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ROCKON ARE RESOLVED. BY ACCEPTING THESE ROCKON VENDOR GUARANTEE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. PLEASE READ THESE ROCKON VENDOR GUARANTEE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. Last Updated: October 27, 2016ROCKON 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.Rockon.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. “Covered Property” means and is limited to the following property under a Covered Reservation, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):

  • A. Personal property that is:
    1. owned by you.
    2. not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage.
    3. not owned by you, but is in your custody and for which you have legal liability for physical loss or damage to the property.

Excluded Losses” has the meaning set forth in Section III below. “Excluded Property” means any of the following:

  1. Currency, money, precious metal in bullion form, notes or securities.
  2. Land, water or any other substance in or on land; except this exclusion does not apply to (i) land improvements consisting of landscape gardening, roadways and pavements, but not including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.
  3. Animals, including, but not limited to, livestock and pets.
  4. Standing timber; growing crops.
  5. Watercraft (including, but not limited to, boats, yachts, jet skis, and similar craft), aircraft, spacecraft, and satellites. This watercraft exclusion does not apply with respect to any watercraft which is a Covered Reservation. However, this exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  6. Vehicles (including, but not limited to, automobiles, scooters, vespas, and motorcycles). This exclusion does not apply with respect to any vehicle that is a Covered Reservation. However, this exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.
  7. Underground mines or mine shafts or any property within such mine or shaft.
  8. Dams, dikes and levees.
  9. Property in transit, except as otherwise provided by these Rockon Vendor Guarantee Terms.
  10. Any damage to any property that is not in, at, or on a Covered Reservation.
  11. Property owned by a party other than you and that you do not control.

Renter” means a Member who has completed Rockon’s account registration process, and has therefore agreed to the Rockon Terms of Service, and who books and takes into possession a Covered Reservation for the period purchased. “Vendor” means a Member who has completed Rockon’s account registration process, and has therefore agreed to the Rockon Terms of Service, and who lists his/her Covered Listing(s) on the Site or Application. “Invitee” means a person invited to be present at a Covered Reservation by a Responsible Renter. “Limit” means one million US dollars (US $1,000.00), or its equivalent in the currency where the Covered Reservation is located at the exchange rate applicable on the date of payment by Rockon under these Rockon Vendor Guarantee Terms. “Listing” means Gear & Equipment that is listed by a Vendor as available for Reservation via the Site or Application. “Member” means a person who completes Rockon’s account registration process, including, but not limited to Vendors and Renters, as described under “Account Registration” in the Rockon Terms of Service. “Ordinary Wear and Tear” means the deterioration in condition of property that occurs under normal use and conditions. “Responsible Renter” means the Renter who booked your Covered Reservation for the period during which you incurred the Covered Losses for which you request payment under these Rockon Vendor Guarantee Terms. “Territory” means the countries for which the Rockon Vendor Guarantee is available, as announced by Rockon from time to time. III. Limitations and Exclusions The Rockon Vendor Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):

  1. any losses caused by a Renter or Invitee after the expiration of the Reservation period shown in the applicable Listing.
  2. losses or damages for Covered Property, which arise out of any one Reservation of a Covered Reservation by a Responsible Renter, in excess of the Limit.
  3. in the case of Fine Arts, losses or damages if the Fine Arts cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.
  4. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:
    • (i) Excluded Property;
    • (ii) acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;
    • (iii) excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Reservation;
    • (iv) indirect or remote causes;
    • (v) interruption of business, loss of market and/or loss of use, except that the Rockon Vendor Guarantee does cover Reservation Income Loss;
    • (vi) loss, damage, or deterioration arising from any delay;
    • (vii) mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
    • (viii) enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
    • (ix) animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals; or
    • (x) identity theft or identity fraud.
  5. any losses, damages, cost or expense of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:
    • (i) any Vendorile act or act of war, terrorism, insurrection or rebellion;
    • (ii) actual or threatened malicious use of poisonous biological or chemical materials;
    • (iii) nuclear reaction or radiation or radioactive contamination;
    • (iv) seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
    • (v) contraband, or illegal transportation or trade;
    • (vi) any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Covered Property, unless such persons or entities are a Responsible Renter or Invitee and such act is done without your knowledge; or
    • (vii) lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
  6. the following conditions:
    • (i) faulty workmanship, material, construction or design from any cause;
    • (ii) deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
    • (iii) Ordinary Wear and Tear;
    • (iv) settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
    • (v) changes of temperature or relative humidity; or
    • (vi) damage caused by insects, animals or vermin (including pets);

provided, that any physical damage resulting from any of the conditions listed above will be covered by the Rockon Vendor Guarantee if not otherwise excluded under the Rockon Vendor Guarantee.

  1. any losses, damages, claims, costs, expenses or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This exclusion applies even if there is (i) any physical loss or damage to Covered Property; (ii) any peril or cause covered hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.
  2. any fees that may be charged to a Renter by a Vendor for additional individuals invited to, or otherwise provided access to, the Covered Reservation who are not included in the Renter’s Reservation of such Covered Reservation.
  1. Conditions to the Rockon Vendor GuaranteeIN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT UNDER THESE ROCKON VENDOR GUARANTEE TERMS, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS. YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY OF ANY COVERED LOSSES. IN ALL CASES, THE ONUS WILL BE UPON YOU TO DEMONSTRATE THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS. You must have incurred Covered Losses. The Covered Losses for which you seek payment must be covered under the Rockon Insurance Policy and payment to Rockon under such Rockon Insurance Policy, and Rockon in its sole discretion may make its payment of benefits under this Rockon Vendor Guarantee contingent upon the determination that any Covered Losses are covered under the Rockon Insurance Policy. You must have used reasonable efforts in connection with the stay of the Responsible Renter at such Covered Reservation to comply with Rockon’s safety guidelines as described at http://www.Rockon.com/safety. You must inspect the applicable Covered Reservation to determine whether there are any physical losses or damages to any Covered Property and complete and file an Rockon Vendor Guarantee Payment Request Form with Rockon within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Renter’s Reservation of the applicable Covered Reservation or (ii) the date by which the next subsequent Reservation of the same Covered Reservation begins. For all Covered Property which is damaged or destroyed due to a violation of law or criminal act or misdemeanor and for which you are filing an Rockon Vendor Guarantee Payment Request Form, you must file a police report listing such Covered Property and provide Rockon with a copy of such report, certified by you as true and correct. You must provide Rockon with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Rockon. You must deliver a signed and sworn proof of loss to us within thirty (30) days after you have incurred the Covered Loss, unless we provide a written extension of such deadline. The proof of loss must state your knowledge and belief as to the following:
  • The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
  • The ownership, leasehold or other interest of you and all other parties in the Covered Property for which Covered Loss is claimed.
  • The Actual Cash Value and replacement value of each item of the Covered Property, as well as the current appraised value in the case of Fine Arts articles, that is the subject of the Covered Loss and the amount of such loss or damage to each item of such Covered Property.
  • All liens, encumbrances, mortgages, guarantees and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.
  • Any changes in the title, use, occupation, location, possession, or exposures of the Covered Reservation since the date of the Listing.
  • The identity of and other information known about the Responsible Renter, any Invitee and any other party present at or using the Covered Reservation where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss, and the purpose for which such Covered Reservation was being used by such parties on such date and whether or not it then stood on leased ground.
  • The date when you contacted the Responsible Renter to request payment for the loss you are claiming, and the date on which the Responsible Renter declined or failed to pay for the loss.

As part of the signed and sworn proof of loss described above, you must provide Rockon with all information reasonably requested by Rockon to enable Rockon’s insurer to determine the Actual Cash Value with respect to Covered Property, including: the original purchase price of such Covered Property, the date such Covered Property was acquired, the condition of such Covered Property and the estimated cost of repair or replacement of such Covered Property. You must (i) protect and preserve damaged Covered Property from further loss or damages and (ii) promptly separate the damaged and undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the lost, destroyed, damaged and undamaged property showing in detail the quantities, costs, Actual Cash Value, and amount of loss claimed. You must, as often as may be reasonably required, at such reasonable times and places that may be designated by Rockon’s insurer or its respective designees, (i) exhibit all that remains of any damaged Covered Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above. You must permit Rockon’s insurer or its designee(s) to make inspections of Covered Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Rockon’s insurer to determine or warrant that damaged Covered Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect. You must cooperate with Rockon, including signing any documents, and timely responding to any reasonable requests by Rockon for additional information or documentation that Rockon or its insurer may require or request to process the applicable Rockon Vendor Guarantee Payment Request Form. With respect to Covered Property subject to a loan, mortgage or other security interest, you must notify your lender/mortgagee in writing of any loss that exceeds fifty thousand US dollars (US $50,000), and provide Rockon with a copy of such notice. If the lender/mortgagee notifies you that the lender/mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Rockon in writing of the lender/mortgagee’s request and transmit a written copy of said request to Rockon, and provide all other information to enable Rockon to communicate directly with the lender. If such loss is determined to be a Covered Loss, we will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the exclusions, limitations and conditions herein), and we will not pay you unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the extent of applicable law in your jurisdiction. You will have full rights to the possession and control of damaged Covered Property if proper testing is done to show which property is physically damaged. You, using reasonable judgment, will decide if the physically damaged Covered Property can be reprocessed or sold. If you determine that the Covered Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Covered Property will go to (i) Rockon’s insurer at the time of the Covered Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Covered Loss settlement and such proceeds will reduce the amount of the Covered Loss payable to you. V. Disposition of Vendor Payment Requests Rockon Vendor Guarantee Payment Request Form Rockon will complete its processing of any Rockon Vendor Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Rockon Vendor Guarantee Payment Request Form, and (b) provided Rockon with all information and materials that you are required to provide to comply with the conditions set forth in “Conditions to the Rockon Vendor Guarantee” above. In any event, we will use commercially reasonable efforts to complete processing of your Rockon Vendor Guarantee Payment Request Form within three (3) months after our receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the Rockon Vendor Guarantee, you will be required to execute and deliver to Rockon the “Rockon Vendor Guarantee Approved Payment Request Agreement”, which includes your agreement:

  1. to assign to Rockon or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Renter or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;
  2. to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Renter or from an Invitee or from any other party;
  3. to release and hold harmless Rockon and its insurer and all officers, directors, employees, contractors and agents of Rockon from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Rockon Vendor Guarantee Payment Request Form;
  4. to treat as “confidential information” the contents and existence of such Rockon Vendor Guarantee Payment Request Form and Approved Payment Request Payment Agreement; and
  5. to refund to us any amounts that are erroneously paid to you with respect to an Approved Payment Request, such determination by us to be based upon factors including, but not limited to, documentation in our possession, your actions, and police reports, if applicable.

The duration of the processing period of any Rockon Vendor Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Covered Loss; (ii) the location of the Covered Reservation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation and information that you provide Rockon regarding the Covered Losses; and (v) the number of Rockon Vendor Guarantee Payment Request Forms that are currently being processed for other Vendors. Approved Payment Request If you have filed an Rockon Vendor Guarantee Payment Request Form and such a payment request is approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by Rockon’s insurer. The process for such calculation of Covered Losses is described under “Determination of the Amount of the Covered Loss” below. You will be notified by Rockon and, as a condition of payment hereunder, you will be required to deliver to Rockon an executed Approved Payment Request Agreement. Rockon may use third party service providers to assist in the processing of the Rockon Vendor Guarantee Payment Request Forms and Rockon’s insurer may use third party service providers to assist in the investigation and adjustment of payment requests relating thereto. For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If an Rockon Vendor Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Indemnification” will apply to claims arising from any payments made pursuant to the Rockon Vendor Guarantee, including without limitation any payments made directly to the owner of any Covered Property. Determination of the Amount of the Covered Loss The amount of Covered Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

  1. On exposed films, records, manuscripts, and drawings, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information will not be paid.
  2. On Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value. If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any undamaged or remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.
  3. For all Covered Property (other than that described in paragraphs A and B above), the loss amount will not exceed the lesser of: (i) the cost to repair such damaged Covered Property; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like size, kind, and quality; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement; or (v) the Actual Cash Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss.
  4. Any amount of any Covered Losses payable under the Rockon Vendor Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Renter, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.
  5. Covered Losses will be paid in the currency of the United States of America unless, in Rockon’s sole discretion, Rockon elects to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).

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.”

You acknowledge and agree that if you make a claim under this Vendor Guarantee, you give Rockon consent to review all communications between you and the allegedly Responsible Renter via the Site or Application. Rockon reserves the right, at any time, to offset or deduct from the amounts payable or paid by Rockon to you under these Rockon Vendor Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for losses or damages. Because these Rockon Vendor Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Rockon will be entitled to exoneration with respect to any potential guaranty obligation under these Rockon Vendor Guarantee Terms. VII. Modification or Termination of Rockon Vendor Guarantee Terms 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.