By ”User”, we refer to all individuals or entities that access the site, whether the user is a member or not.
By ”Member”, we refer to all individuals or entities that are registered on the site in order to use its services.
By “Site” we refer to http://www.UpaUSA.io, including any subdomains, and any replacement or successor URL, or portions thereof, (hereinafter referred to as “Site” or “UpaUSA”).
By ”Member Account”, we refer to the private area reserved for each member. It is accessible via a password and contains personal information regarding the member.
By ”Owner”, we refer to each member who lists at least one item for rent, using the UpaUSA.io website.
By ”Renter”, we refer to each member who rents an item on the site.
By ”Rental Agreement”, we refer to the agreement made between the Owner and the Renter, obligating the Owner to transfer the usage of the item (object of the contract), and obligating the Renter to pay in exchange an amount, determined in advance or defined by the rental agreement.
By ”Rent”, we refer to the payment made by the Renter to the Owner in order to enjoy usage of the item.
By ”Rental Listing”, we refer to the information published by the Owner advertising an item available for rental.
By ”Reservation Request”, we refer to the request made by a Renter to rent a particular Rental Listing.
By ”Acceptance of the Reservation or Booking Request”, we refer to the online acceptance by the Owner of a Reservation Request made by a Renter, and the concurrent creation of an effective contract between the Owner and the Renter for a particular rental item.
By “Personal Information”, We refer to any personally identifiable information collected through the Site about the individual, including but not limited to the individual’s name, address, and telephone number.
By “Service”, We refer to the Services that UpaUSA offers through its website, including but not limited to providing an online presence to view, rent, or post Rental Listings and other Content.
By “Content”, We refer to Rental Listings, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Site.
By “UpaUSA”, “we”,”us”, “our”, We refer to UpaUSA, its officers, directors, agents, subsidiaries, joint ventures or employees, or anyone acting on its behalf.
By “Price” We refer to the financial payment given to the Owner by the Renter in order to gain use of the Item.
a. UpaUSA is not a party to any Rental Agreement
UpaUSA does not itself offer any rental services. The site is an online marketplace only, designed for the unique purpose of putting people who want to rent things in touch with people who have things to rent. We never intervene in the transaction between the Renter and the Owner. UpaUSA cannot thus be considered part of the Rental Agreement between members of the Site.
UpaUSA exercises no control over the quality, safety or legality of Items listed, or over the truthfulness or accuracy of the Rental Listings, or over the ability of Owners to rent the Items listed or over the ability of Renters to rent or pay for the rental of any Items. We do not guarantee that the Parties will complete any or all terms of the transaction.
b. Public v. Private Areas
The Site contains an area open to the public and a private area accessible only by Members.
The public area allows access to the Members’ Rental Listings. The private area is the part of the site that is accessible only after Member authentication. Members must enter his/her password to enter the private area. The private area allows Members to:
· Create and manage Rental Listings;
· Make a Reservation Requests;
· Publish comments;
· Provide access to collaboration tools; and
· Create an alias (user name) to be identified on the site.
Our services are reserved to persons lawfully capable, or authorized to be part of a rental contract in the United States. Our services are not available to minors. You agree that you must be legally an adult to use our services. If you do not comply with these conditions, you cannot use our services. In addition, we reserve the right to suspend or close Member Accounts without notice for any reason, including, but not limited to:
· Inability to identify, verify or authenticate the origin of a Rental Listing;
· Making false statements;
· Diffusion of confidential, illegal or offensive content (For example, pornography, libel, trade secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred);
· Breaches in moral standards;
· Use, copying or diffusion of copyright protected works without express authorization ;
· Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks etc);
· Diffusion of unsolicited commercial messages (“Spam”).
You will not hold UpaUSA (including its officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, demands or damages (actual and consequential) of any kind for the closing of a Member Account.
The Member Account is personal and cannot be transferred to a third party.
The member commits to keep confidential the password he or she chooses for accessing his or her Member Account. The Member Account and the password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law.
The member recognizes and accepts being solely responsible for use of his password and Member Account. The Member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and Member Account by a third party.
The member recognizes and accepts as well that the site can consider usage of his Member Account, username or password as proof of the usage of the Site by this Member. All usage of the Site by way of these elements attributable to the Member are considered as being made by the Member. All evaluations, ratings information and comments are also specific to the Member.
Any change of your personal information requested when creating and completing a Member account must be declared to UpaUSA within 8 days of the change.
Registration of a Member Account implies, in particular, to provide a valid email address that will be used to communicate between the Member and the Site, and will be used as the unique identifier for the Member Account. All email communications sent by the Site to the Member is understood as having been received by the Member, who takes full knowledge thereof.
In addition, the Member accepts to provide a physical address, which is required by UpaUSA upon registration of the Member Account and the publication of Rental Listings by Owners, in order to make the best usage our of the geolocalization tools.
In order to maximize trust throughout the rental process, the address of the renter may be displayed within the account of the owner of the rental item when he is about to accept the reservation request on the site.
a. Disclaimer of warranties
You agree that use of the Site and the Service is entirely at your own risk. The Site and the Service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, UpaUSA disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Site, the Service rental listings, or any rental agreement. To the fullest extent permitted by law, UpaUSA disclaims any warranties for other Services or goods received through or advertised on the Site or the Sites or Service, or accessed through any links on the Site. To the fullest extent permitted by law, UpaUSA disclaims any warranties for viruses or other harmful components in connection with the Site or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
b. Limitations of liability
Under no circumstances shall UpaUSA be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if UpaUSA has been advised of the possibility of such damages), resulting from your use of the Site or the Service, or resulting from any rental agreement, whether the damages arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site, the Service or member account. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Site or the Service or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Service or any links on the Site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
UpaUSA cannot confirm the identity of each member. The overwhelming majority of UpaUSA Users are trustworthy and well-intentioned. Nevertheless, it's very important to take the same precautions online as you would offline.
a. Member Feedback
UpaUSA makes available to Members and Users a system of “Comments” or “Evaluations” which allows them to evaluate leave feedback about the person with whom they are doing or have done a transaction. Owners might require positive evaluation or feedback for rental of their Items. The evaluation will also apply to the Owner or the Item, and Renters can evaluate an Owner after a rental.
Members who list an Item for rent and Users who upload or otherwise post Content on the Site are solely responsible for the content they upload and publish under the law and under UpaUSA’s Policies. UpaUSA does not carry out or guarantee the existence of editorial control of the Content published by its Users or Members.
Exercising the right to withdraw any Rental Listing or Content that is under dispute does not at all affect the validity, pertinence, quality or legality of any Rental Listing or Content that remains online.
a. Description of the Rental Listings
Rental Listings describe Items offered for rent. Rental Listings can only include text, documents and images that the Members decide to upload, at their sole responsibility. All the Items listed for rent must be in the appropriate category and the Owner is solely responsible for choosing the category in which they will place the Rental Listing.
All fees must be disclosed in Rental Agreement and in the Rental Listing. The Rental Agreement is not our responsibility, it is a document at the disposal of our member.
Extra payments related to the rental of an Item, such as delivery, maintenance or other assistance as linked to a particular rental, must be clearly indicated in the “description” zone of the Item.
Specific rental conditions which are not covered in the rental agreement or contract that may be available online, the security deposit conditions or the available days for rental information , must be mentioned somewhere in the product description.
The Owner always offers for rent goods that the Renter can physically pick up in a given location, either at the Owner’s address or at another one of his rental locations.
b. Owner Must Have Rights To The Item Offered For Rent
The Owner must have either own the Item, or be lawfully allowed to rent the Item which he or she lists for rent.
The Owner, either an individual or a professional, is not allowed in any case to publish any contact information within its Rental Listing. The physical address of the rental location, the Owner’s address, their fax or telephone , an email address or a website address are all considered as contact information.
c. Owner Cannot Change Price Of Transaction Once Accepted
The Owner cannot in any case change the price of a transaction, which he or she has already accepted. When accepting a Reservation Request, the Owner is committed to charge the price published in the Reservation Request.
d. No Exchange Of Contact Information
From the moment of the online publication of a Rental Listing for an Item, until the moment the Owner accepts the Reservation Request, the Owner and the potential Renter cannot exchange (whether or not through the Site) their identity, their contact information, the address of the Owner, Renter or Rental Location, their fax or telephone numbers, email address or a web address.
e. Content of Rental Listings
Users and members agree not to ask for any form of financial compensation in relation to the use of the Content published on UpaUSA.
UpaUSA also has the right to monitor, edit, and partially or totally delete any content found in Rental Listings.
UpaUSA has no obligation of diligence with regards to the publication of content.
f. UpaUSA May Publish Rental Listings On Partner Websites
g. Member Guarantee Regarding Proprietary Rights
The Member guarantees that he or she possesses all the intellectual rights on the Content of the Rental Listings, texts (Title, sub-title, description), and visual elements. The Member also guarantees that he or she possesses the image reproduction rights, right to image and to personality of the Items and persons depicted or otherwise described in the Rental Listing.
UpaUSA does not pay any taxes on behalf of the Users or Members of the Site. Users and Members are solely liable for any taxes resulting from any Rental Agreement or use of our Services or Site.
Whether you are a business entity or individual, or whether you are an Owner or a Renter, you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. UpaUSA recommends that you seek advice from a tax professional.
Depending on the circumstances, such as the number of transactions you conduct, the subject matter of the transaction, licenses or certifications might be applicable to you. You agree that it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or Site. UpaUSA is not responsible for determining whether or not you should be licensed and/or certified for the use of the Services or Site, or for conducting a transaction. UpaUSA makes no representation or guarantee about licensing or certification of its Users or Members.
The rental of a good between an Owner and a Renter put in contact through the site can only be done through the site.
The Owner is free to choose with whom, if anyone, he or she would like to enter into a Rental Agreement. However, once the Owner has accepted the Reservation Request, the Owner and Renter agree that the Rental Agreement is binding.
One of the many valuable features of UpaUSA is to be able to search locally for an Item using geolocalization tools. UpaUSA does not provide the address of the Owner or Rental Location until the Reservation Request has been accepted by the Owner.
The Google Maps tool uses an arrow to roughly show where the Rental Location is. This arrow will pinpoint the location with an approximation of several meters. The Rental Location is purposely inaccurate to protect the Owner’s privacy.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any User of the Site believe its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
UpaUSA reserves the right, at its sole discretion, to organize the defense with a lawyer of their choosing, against all legal claims, legal suits or other affairs that request financial compensation from the user or the member.