Terms of Service

1. Overview

   YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

   Your use of the Website will be deemed to be acceptance of the Terms of Use.

   IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

   SnapGoods may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

   The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. SnapGoods makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and Eligibility

   You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

   You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

   SnapGoods provides a platform (both on the Site and other 3rd party websites) for coordinating rentals, exchanges, and product sampling between its registered users (each a "User") and partners (each a "Partner"). As such, Users of the Website must be of legal age in their applicable state or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them; and in no case shall any User be less than eighteen (18) years old. Accordingly, Partners must be businesses that are in good standing in their applicable state or jurisdiction with regards to the requisite licenses, affiliations, and insurances necessary to operate. Registration is void where prohibited. Your registration for, and/or use of, The Website constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.

   All Users are required to utilize their real names and contact information. You will not provide inaccurate, misleading or false information to SnapGoods or to any other User. You will promptly notify SnapGoods if information provided to SnapGoods or another User later becomes, or is discovered to be inaccurate, misleading or false.

   Each User and Partner is solely and exclusively responsible for interactions with other members and/or Users, whether in person or online. You acknowledge that SnapGoods does not screen Users, nor does SnapGoods perform any investigation into Users' background or any of their representations or statements made to you or others. SnapGoods does not warrant or guarantee the background or conduct of any user. While SnapGoods has built mechanisms by which it validates User and Partner identities, in no event shall SnapGoods be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Website, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website EXCEPT for damages specifically pertaining to goods transacted in the System and covered under the SnapGoods Guarantee (see below). You agree to take reasonable precautions in all interactions with other Users, whether online or in person.

   The SnapGoods Guarantee: SnapGoods agrees to guarantee the reasonable replacement value (“Recovery Value”) of any item that has been rented through our system provided that the Owner has required the borrower to become a verified user. Recovery Value shall be defined as the lesser of (1) the value declared by Owner when posting the item and (2) the fair market value of the item as determined by a fair and reasonable survey of major retail and resale channels by SnapGoods at the time of claim. If for any reason during a transaction a rented item is not returned or is returned in a fashion that renders it unusable to the Owner, the Owner of the item may file a claim with SnapGoods and can expect to receive via delivery or be issued a credit at a store for local pick up (within 24 hours) of a temporary substitute or replacement to be utilized while the original item is either repaired or replaced. Original lost, stolen or damaged item will be replaced with an item of similar condition or fixed within 5 business days upon which time temporary replacement must be returned. Total expenditure to replace, fix and/or provide temporary replacement will never exceed 125% of Recovery Value. Maximum Recovery Value within SnapGoods is not to exceed $5,000.

   All costs associated with temporary substitute of items and replacement or repair of Owner-lender’s items damaged, lost or stolen during a rental transaction will ultimately be charged to the borrower for up to 100% of the recovery value of the damaged, lost or stolen item.

   E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. SnapGoods shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

   The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of SnapGoods is strictly prohibited.

5. Payment Terms

   1. Fee Structure. Joining SnapGoods is free but in exchange for providing the Service, SnapGoods keeps a small portion of the Owner’s price of each good and/or a portion of a Renter’s rental offer. As a Renter, you agree to pay the amount posted or agreed to by the Owner of the item you want to rent plus a small fee to SnapGoods for facilitating the Service. As an Owner, posting an item is free. Some optional services or functionality may incur additional fees.
   2. Payment Logistics. If you find an item that you are interested in or submit a request for an item you will be asked to provide your credit card information and billing address. Alternatively we will have it on file from a prior transaction with your permission to use that card for future reference. If the Owner who posted the item accepts your offer, your card will be charged at the time of acceptance; if the Owner fails to respond or opts not to accept your offer your card will not be charged. The funds will be held by SnapGoods for the duration of the reservation. As an Owner you agree that the funds will be held by SnapGoods for no less than 48 hours after the completion of the rental transaction at which time the funds, less SnapGoods’ service charge, will be available in your SnapGoods account. Cancellations will be handled according to the cancellation policy.
   3. Cancellation and Refunds. If you cancel your reservation request, SnapGoods will return the funds to you in accordance with the specific cancellation policy of the Owner. As a Renter you are only entitled to a rental fee refund if you submit a claim that the rented item does not function properly within 24 hours of taking custody of the item. As a Renter, you agree that SnapGoods may take up to 48 hours to review your refund claim and that if it is deemed to be fraudulent it may be denied.
   4. Privacy. Our privacy policy governs the handling, storage, and use of any information you submit to us, including credit card billing information. Please see our Privacy Policy.
   5. Taxes. SnapGoods does not do business as an Owner or operator of the items rented through its system. SnapGoods merely makes available a marketplace for Owners and Renters to meet and arrange transactions. SnapGoods is not a contracting agent or representative of the Owner or Renter. Instead, SnapGoods’ role is solely to facilitate the availability of this marketplace for the Owner and Renter and to provide services related thereto, and any agreement for the use of any accommodations is solely between the Owner and Renter, and not SnapGoods. You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any Owners or Renters with whom you choose to enter into a transaction. IRS regulation, regarding federal tax reporting requirements, stipulates that SnapGoods must collect IRS Form W-9 from any item Owners in the United States that earn more than $600 in 2010. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Owners or Renters.
   6. Damages. As a Renter, you are responsible for returning the item in the condition that it was given to you. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged item with equivalent items, up to the Recovery Value of the item. After being notified of the claim and given 48 hours to respond, the payment will be taken from the credit card on file. If we are unable to charge the card on file, you will be required to remit payment.

6. Copyrights and Trademarks

   The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. The SnapGoods name, and logo are trademarks of Snap Goods, Inc. All other trademarks or registered trademarks used within these pages are the property of their respective holders. SnapGoods' use of company names, product names and logos or images on this Website does not necessarily constitute an endorsement of the named company or products by SnapGoods. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include SnapGoods' copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of SnapGoods.

   Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of SnapGoods. You may not use a part of this Website on any other Website, without SnapGoods' prior written consent.

   SnapGoods respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@snapgoods.com

7. Links

   For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, SnapGoods does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to SnapGoods' website and the products and services SnapGoods offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. SnapGoods reserves the right to terminate any link or linking program at any time. SnapGoods disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

8. No Unlawful Or Prohibited Use

   As a condition of your use of the Website, you warrant to SnapGoods that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

9. Spamming

   Gathering email addresses from SnapGoods through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with SnapGoods should be directed to: biz@snapgoods.com.

10. No Warranties

    THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH SnapGoods EXPRESSLY DISCLAIMS. SnapGoods DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND SnapGoods WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. SnapGoods MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SnapGoods. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. Governing Law, Location and Miscellaneous

    These Terms of Use shall be governed in all respects by the laws of the State of New York USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

12. Separate Agreements

    You may have other agreements with SnapGoods. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with SnapGoods. PLEASE REVIEW THE RENTAL AGREEMENT

13. DMCA Copyright Policy and Copyright Agent

    SnapGoods respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
    4. Address, telephone number, and, if available, an electronic mail address where we may contact you.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the Owner of an exclusive right that is allegedly infringed.

    The Site's Copyright Agent can be reached at:

    SnapGoods Inc
    155 Water St, Brooklyn, NY 11201
    (347) 651-0845

14. No Professional Advice

    The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

15. User Disputes

    You are solely responsible for your interactions with other Users. SnapGoods reserves the right, but has no obligation, to monitor disputes between you and other Users. In the event of any disputes that arise pertaining to property damage as covered under the SnapGoods Guarantee, Users must contact SnapGoods electronically or via phone to file a claim.

16. User Submissions And Communications; Public Areas:

    You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify SnapGoods or its affiliates for all claims resulting from content you supply.

    If you make any submission to an area of the Website or on 3rd Party websites using SnapGoods tools accessed or accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to SnapGoods by email, you automatically represent and warrant that the Owner of such content or intellectual property has expressly granted SnapGoods a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SnapGoods may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to SnapGoods by email. We try to answer every email in a timely manner, but are not always able to do so.

    Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. SnapGoods has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

    SnapGoods reserves the right (but is not obligated) to do any or all of the following:

    1. Record the dialogue in public chat rooms.
    2. Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
    3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
    4. Terminate a Member's access to any or all Public Areas and/or the SnapGoods Site upon any breach of these Terms of Use.
    5. Monitor, edit, or disclose any communication in the Public Areas.
    6. Edit or delete any communication(s) posted on the SnapGoods Site, regardless of whether such communication(s) violate these standards.

    SnapGoods reserves the right to take any action it deems necessary to protect the personal safety of our Users or the public. SnapGoods has no liability or responsibility to Users of the SnapGoods Website or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Arbitration

    Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any SnapGoods confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New York, USA unless both parties reside prohibitively far from New York in which case arbitration by SnapGoods may be conducted remotely but still governed by the laws of New York, USA.

    All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

    Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

18. Limitation of Liability

    YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. SnapGoods SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF SnapGoods HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SnapGoods. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

19. Indemnity

    You agree to defend, indemnify, and hold SnapGoods, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

    Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at legal@snapgoods.com.