SidebySide

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Terms of Service

Updated: October 14, 2024

PLEASE READ THESE TERMS OF USE 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. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Introduction

Side By Side Share INC, (hereafter referred to as “Side By Side Share”, “we”, “us”, or “our”) provides an online platform that connects owners who have recreational vehicles (as defined below) to rent with renters seeking to rent such recreational vehicles, which platform is accessible at SideBySideShare.com and any other websites through which Side By Side Share makes the platform available (collectively, the “Site”) with any other products or services made available by Side By Side Share, all of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Side By Side Share. Please read carefully these Terms and our Privacy Policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR RECREATIONAL VEHICLES (DEFINED BELOW) AND RENTERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK RECREATIONAL VEHICLES.. YOU UNDERSTAND AND AGREE THAT Side By Side Share IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS Side By Side Share AN UTV, ATV, OR OTHER RECREATIONAL VEHICLE BROKER, AGENT OR INSURER. Side By Side Share HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RECREATIONAL VEHICLES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

  • "Recreational Vehicle" or "Vehicle" broadly means any traditionally mobile item listed via the Services, including, but not limited to, UTVs, ATVs, trailers, or other recreational vehicles.

  • "Side By Side Share Content" refers to all Content that Side By Side Share makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

  • "Collective Content" means Member Content and Side By Side Share Content. "Content" includes text, graphics, images, music, software (excluding the Application), audio, video, information, and any other content or materials.

  • "Renter" means Member who requests a booking of a Recreational Vehicle via the Services, or a Member who uses a Recreational Vehicle and is not the Owner of such Recreational Vehicle.

  • "Owner" means a member who creates a Listing via the Services.

  • "Listing" means vehicle that is listed by an Owner as available for rental via the Services.

  • "Member" means a person who completes Side By Side Share’s account registration process, including, but not limited to, Owners and Renters, as described under “Account Registration” below.

  • "Member Content" means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Services.

  • "Tax" or "Taxes" refers to any sales taxes, goods and services taxes (GST), and other similar municipal, state, and federal indirect or other withholdings and personal or corporate income taxes.

Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and Terms and Conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.

If you accept or agree to these 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 Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Side By Side Share reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Other Policies

You agree that you will comply with all written Side By Side Share rules, agreements, and policies that are made available by Side By Side Share on the Services and which are incorporated herein by reference. These include, without limitation:

  • Fees Policy
  • Cancellation Policy
  • Protection Plan Policy
  • Recreational Vehicle Eligibility Policy
  • Booking Agreement (available at the time of booking)
  • Or any other policies posted on the Services

Minimum Age

The Services are intended solely for persons who are 18 or older. However, the minimum age to rent or operate a Vehicle via the Services is 25 years old. Any use of the Services by anyone who does not meet the age requirements is prohibited. Side By Side Share reserves the right in its sole discretion to deny use of the Services or features of the Services for any reason or no reason.

How the Services Work

The Services can be used to facilitate the listing and booking of Recreational Vehicles. Such Recreational Vehicles are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Recreational Vehicle or create a Listing, you must first register to create an Side By Side Share Account (defined below).

Side By Side Share makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Recreational Vehicles. Side By Side Share is not an owner or operator of Recreational Vehicles, including, but not limited to, trailers, towables, campers, vans, coaches, caravans or other Recreational Vehicles, nor is it a provider of Recreational Vehicles and Side By Side Share does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Recreational Vehicles, or transportation or travel services unless otherwise specified.

Side By Side Share’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.

THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF RECREATIONAL VEHICLES. Side By Side Share CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VEHICLE OR ADD ON. Side By Side Share IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VEHICLES OR ADD ONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER’S AND OWNER’S OWN RISK.

Renter Eligibility and Application Process

The following are the minimum eligibility requirements as a Renter:

  • You must hold a current, valid (non-temporary) driver’s license, and present your license to the owner when you begin your rental.
  • Meet the Minimum Age
  • You must be approved by Side By Side Share through identity verification and other background checks that the company requires.
  • You are required to demonstrate at least three years of current, licensed driving history and must hold a valid Driver’s License.
  • If you hold a foreign license, you must be at least 25, and you will be required to provide your passport, an international driver permit or a photograph of your current driver license.
  • You must possess a mobile phone in your own name that we can verify through text message
  • You must be a registered user of Side By Side Share. Side By Side Share may in its sole discretion use third-party services to attempt to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Side By Side Share to request, receive, use, and store such information. Side By Side Share may permit or refuse your request a booking or make a Listing in its sole and absolute discretion.

Driver Application Process

When you rent your first vehicle, we ask for your payment information, your personal information and your Drivers’ License information or International Driver Permit so that we can ensure you meet our eligibility requirements. In most cases, the driver eligibility check takes seconds, as long as we can verify all of your information. Side By Side Share may use third party source(s) to complete your eligibility check and will not share information outside of this scope.

In some cases, we may need additional information for verification purposes, and you will be provided with these requirements when you attempt to book a vehicle, or you may go through our pre-approval process, so you’ll be ready when it’s time to book.

Account Registration

In order to access certain features of the Services, and to book a Recreational Vehicle or create a Listing, you must register to create an account (“Side By Side Share Account”) and become a Member. You may register to join the Services directly via the Services or as described in this section.

We will create your Side By Side Share Account and your Side By Side Share Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a Third Party Application (i.e. ​Apple and Google). You may not have more than one (1) active Side By Side Share Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Side By Side Share reserves the right to suspend or terminate your Side By Side Share Account and your access to the Services if you create more than one (1) Side By Side Share Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Side By Side Share Account, whether or not you have authorized such activities or actions. You will immediately notify Side By Side Share of any unauthorized use of your Side By Side Share Account.

Recreational Vehicle Listings

As a Member, you may create Listings. You will be asked a variety of questions about the UTV, ATV, or other recreational vehicle to be listed, including, but not limited to, the VIN, registration information, value, location, size, features, availability of the vehicle, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Vehicle via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking, the price for such booking may not be altered without contacting customer service.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, an Vehicle in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) is in compliance with all applicable state, municipal and federal laws, Tax requirements, and rules and regulations that may apply to any Vehicle included in a Listing you post, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of UTV, ATVs, or other Recreational Vehicles and (b) not conflict with the rights of third parties. Please note that Side By Side Share assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations.

Side By Side Share is not responsible for any damages to a Vehicle rented through the Side By Side Share site and you will hold Side By Side Share harmless for any claims related to damages, injury, Protection Plan claims, towing, service or repairs, tolls, fines, traffic violations.

Side By Side Share reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Side By Side Share, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

You understand and agree that Side By Side Share does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your UTV, ATV, or other Recreational Vehicle and uses your UTV OR ATV, or other Recreational Vehicle, any agreement you enter into with such Renter is between you and the Renter and Side By Side Share is not a party thereto. Notwithstanding the foregoing, Side By Side Share serves as the limited authorized agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Vehicle, including, but not limited to, requiring Members to have a profile picture or verified phone number. Any Member wishing to book UTV, ATVs, or other Recreational Vehicles included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. More information on how to set such requirements is available via the “Owners” section of the Services. If you are an Owner, Side By Side Share makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Recreational Vehicle. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

No Endorsement

Side By Side Share does not endorse any Members or any Recreational Vehicles listed on the platform. Although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal or financial remedy from Side By Side Share with respect to such actions or omissions.

Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Side By Side Share regarding the remittance of payments received from a Renter by Side By Side Share on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”

Bookings and Financial Terms

If you are an Owner and a booking is requested for your Recreational Vehicle via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Side By Side Share in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter’s Side By Side Share Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an UTV OR ATV within such a 24 hour period, any amounts collected by Side By Side Share for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Side By Side Share will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.

The fees displayed in each Listing are comprised of the Vehicle Fees (defined below) and the Renter Fees (defined below.) Where applicable, Taxes may be charged in addition to the Vehicle Fees and Renter Fees. The Vehicle Fees, the Renter Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Vehicle which are actually collected by Side By Side Share are the “Vehicle Fees”. Please note that it is the Owner and not Side By Side Share who determines the Vehicle Fees. The Vehicle Fees may include cleaning fees, security deposits, pre-paid fuel charges, at the Owner’s discretion.

Side By Side Share charges fees to Renters based upon a percentage of applicable Vehicle Fees, which are the “Service Fees” and a Protection Plan fee, “Protection Plan Fees”. The Service Fees and Protection Plan Fees are added to the Vehicle Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Side By Side Share will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Vehicle Fees (less Side By Side Share’s Service Fees and Protection Plan Fees as defined in the Fees Policy to the Owner two business days after of when the Renter arrives at the applicable Vehicle (except to the extent that a refund is due to the Renter).

Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

Appointment of Side By Side Share as Payment Agent for Owner

Each Owner hereby appoints Side By Side Share as the Owner’s limited agent solely for the purpose of facilitating payments made by Renters on behalf of the Owner.

Each Owner agrees that payment of Vehicle fees made by a Renter to payment processor, provided by Side By Side Share, shall be considered the same as a payment made directly to the Owner and the Owner will make the Recreational Vehicle available to Renter in the agreed-upon manner as if the Owner has received the Vehicle Fees. Each Owner agrees that Side By Side Share may, in accordance with the cancellation policy, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Vehicle Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, Side By Side Share assumes no liability for any acts or omissions of the Owner.

By using the payment functionality provided by Side By Side Share, you agree to the Stripe Terms of Service and Stripe Privacy Policy. You authorize Side By Side Share to collect and share with Stripe your personal information including full name, email address, and financial information for the purpose of creating a "Stripe Platform" account on your behalf, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Stripe account through Side By Side Share, and Stripe account notifications will be sent by Side By Side Share, not Stripe. Side By Side Share will provide customer support for your Stripe account activity.

Please note that Side By Side Share does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Side By Side Share reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Side By Side Share will provide notice of any such additional fees via the Services, prior to implementing such fees.

Bookings and Financial Terms for Renters

The Owners, not Side By Side Share, are solely responsible for honoring any confirmed bookings and making available any Vehicles reserved through the Services. If you, as a Renter, choose to enter into a transaction with an Owner for the booking of an UTV, ATV, or other Recreational Vehicle, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules, and restrictions associated with such UTV, ATV, or Recreational Vehicle imposed by the Owner. You acknowledge and agree that you, and not Side By Side Share, will be responsible for performing the obligations of any such agreements, that Side By Side Share is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Vehicle Fees to the applicable Owner, Side By Side Share disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Side By Side Share is not a party to the agreement between you and the Owner, Side By Side Share acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to Side By Side Share, which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Side By Side Share is responsible for remitting such amounts, less Side By Side Share’s Owner Fees, to the Owner. In the event that Side By Side Share does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Side By Side Share.

Vehicle Listings will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Side By Side Share in its sole discretion) or the requested booking may be automatically canceled. If a requested booking is canceled (i.e. not confirmed by the applicable Owner), any amounts collected by Side By Side Share will be refunded to such Renter, depending on the selections the Renter makes via the Services, and any pre-authorization of such Renter’s credit card will be released, if applicable.

You agree to pay Side By Side Share for any confirmed bookings made in connection with your Side By Side Share Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by cash or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking directly by Side By Side Share. You also authorize Side By Side Share to charge the Renter’s credit card in the event of damage caused on an UTV, ATV, or Recreational Vehicle as contemplated under “Damage to UTV OR ATVs OR Recreational Vehicles” below and for Security Deposits (as defined below), if applicable. Once a confirmed booking transaction is completed you will receive a confirmation email in Side By Side Share summarizing the confirmed booking.

You agree that you may not use the Side By Side Share Services and then complete a booking transaction outside of the Side By Side Share Services in order to circumvent the obligation to pay any portion of Service Fees related to Side By Side Share provision of the Services. If you circumvent any portion of the Service Fees related to the Side By Side Share Software, Side By Side Share reserves the right to reject or deny the related transaction as (i) a valid transaction, (ii) no Protection Plan coverage will be applied to the rental and, (iii) all other insurance coverages may be suspended and, (iv) Side By Side Share will have no responsibility nor obligation to the parties engaged in the transaction.

You agree to pay Side By Side Share for the Total Fees for any booking requested in connection with your Side By Side Share Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that Side By Side Share, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Side By Side Share receives confirmation of your booking from the applicable Owner, Side By Side Share will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Side By Side Share cannot control any fees that may be charged to a Renter by his or her bank related to Side By Side Share’s collection of the Total Fees, and Side By Side Share disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Side By Side Share or its third party payment facilitator. You agree to pay Side By Side Share for any confirmed bookings made in connection with your Side By Side Share Account in accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Side By Side Share or indirectly, via a third party online facilitating payments or by one of the payment methods described on the Services. You also authorize Side By Side Share to charge your credit card in the event of damage caused on an UTV OR ATV as contemplated under “Damage to UTV OR ATVs Or Recreational Vehicles” below and for Security Deposits (as defined below), if applicable. If you are directed to Side By Side Share’s third-party payment facilitator, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is completed you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Side By Side Share collects a security deposit for each confirmed booking of a Vehicle to cover any potential claims related to the Owner’s Vehicle. As the payment agent, Side By Side Share will use commercially reasonable efforts to obtain a pre-authorization of the Renter's credit card for the Security Deposit amount prior to the Renter’s check-in at the applicable vehicle. Side By Side Share will collect and hold in escrow a security deposit twenty-four (24) hours prior to the rental date and up to forty-eight (48) hours from the rental end date. Owners have the right to request a payment from the security deposit funds or Security Deposit Waiver if eligible for disbursement within the forty-eight (48) hours after the rental end date. Owners must submit dated departure and return forms including photos along with their request for reimbursement. Side By Side Share will review the request for payment and process the requested amount to Owners should Side By Side Share approve the request. Side By Side Share may also request additional information from either rental party. If, as a Renter, Side By Side Share determines that you are responsible for damage done to a Vehicle, you authorize Side By Side Share to charge the credit card or ACH used to make the booking in order to collect any security deposit associated with the Listing and/or any additional charges. Side By Side Share will serve as the final authority on all security deposit dispute resolution.

Service Fees

In consideration for providing the Services, Side By Side Share collects service fees from Owners and Renters (“Service Fees”). Service Fees are made up of three (3) components: (i) Renter Service Fees, (ii) an Owner Service Fee that is charged to the Owner based upon a percentage of the amount of the Vehicle Fees (“Owner Fees”) and (iii) a Protection Plan Fee. Where applicable, Taxes may also be charged in addition to the Owner Fees. Side By Side Share Fees are deducted from the Vehicle Fees before remitting the Vehicle Fees to the Owner, within 24 hours of when the Renter arrives at the applicable Vehicle. Renter Fees are, as noted above, included in the Total Fees.

Balances will be remitted to Owners, by Side By Side Share, via payment methods described on Services. Remittance currency will be that of the destination bank provided by Owner. And, except as otherwise provided herein, Service Fees are non-refundable.

Cancellations and Refunds

If, as a Renter, you cancel your requested booking before the requested booking is confirmed by an Owner, Side By Side Share will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Services, either prior to or after arriving at the Recreational Vehicle, the cancellation policy will apply to such cancellation. Our ability to refund the Recreational Vehicle Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy.

Details regarding refunds and cancellation policies are as follows:

  • 100% refunded if canceled more than 14 days before the reservation.
  • 50% refunded if canceled within 14 days of the reservation.
  • No refund if canceled within 24 hours before the reservation start date.
  • Non-refundable card processing fee (3% + 30¢).

If an Owner cancels a confirmed booking made via the Services, (i) Side By Side Share will refund the Total Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Side By Side Share containing alternative Listings and other related information. If the Renter requests a booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested booking, then the Renter agrees to pay Side By Side Share the Total Fees relating to the confirmed booking for the Vehicle in the alternative Listing, in accordance with these Terms. If an Owner canceled a confirmed booking and you, as a Renter, have not received an email or other communication from Side By Side Share, please contact our support team via a support ticket.

Taxes

IRS regulation, regarding federal tax reporting requirements, stipulates that Side By Side Share must collect IRS Form W-9 from all Owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors.

Side By Side Share cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Where applicable, or based upon request from an Owner, Side By Side Share may issue a valid VAT invoice to such Owner.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. The following behaviors are strictly prohibited:

Compliance with Laws

  • You must comply with all applicable laws, regulations, and court orders, including those related to driving, privacy, and online activity.

Platform Integrity

  • Do not disrupt or misuse the Services (e.g., hacking, introducing viruses, or engaging in activities that impair functionality).
  • Avoid automated methods (such as bots or scraping tools) to access, collect data from, or interact with the platform.
  • Do not attempt to complete transactions outside the platform to circumvent fees or rules.

False or Misleading Information

  • Do not provide inaccurate, misleading, or fraudulent information, including submitting listings with false details or prices.

Intellectual Property and Privacy

  • Respect intellectual property rights and privacy by not infringing on copyrighted materials or sharing personal information without authorization.

Harassment and Offensive Behavior

  • Any form of harassment, discrimination, threatening behavior, or offensive conduct toward other users is strictly forbidden.

Unauthorized Access and Security

  • Do not access non-public areas of the platform, tamper with security features, or attempt to bypass access restrictions.
  • Avoid using the Services for unauthorized commercial purposes or soliciting users to third-party services without permission.

Side By Side Share reserves the right to investigate and take legal action against violations of these Terms, including involving law enforcement if necessary. While not obligated to monitor user activity or content, Side By Side Share may do so to operate the Services, ensure compliance, or meet legal requirements. We may remove or restrict access to content deemed objectionable, harmful, or in violation of these Terms at our sole discretion and without prior notice.

Ownership

The Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights, is the exclusive property of Side By Side Share and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.

Side By Side Share Content and Member Content License

Subject to your compliance with these Terms, Side By Side Share grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Side By Side Share Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Side By Side Share or its licensors, except for the licenses and rights expressly granted in these Terms.

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Side By Side Share a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Side By Side Share does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Side By Side Share the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Side By Side Share’s use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Side By Side Share Protection Plan

The Side By Side Share Protection Plan provides coverage for eligible rentals and verified renters during the rental period. This section outlines the terms, conditions, and claims process associated with the Protection Plan.

Eligibility Requirements

  • Vehicle Eligibility: The Protection Plan covers recreational vehicles that meet all certification requirements and have passed the Side By Side Share inspection process. Inspections must be conducted at least every 90 days, with proper maintenance records maintained. The Protection Plan is not available for salvage title vehicles.

  • Rental Eligibility: Only rentals fully booked and completed through Side By Side Share's platform are eligible for coverage. Any rental transactions circumventing platform fees or taking place outside of the platform will result in denial of coverage.

  • Renter Verification: Renters must be verified by Side By Side Share, including completing identity and driving history checks. Verification requires the following:

    • A valid driver’s license.
    • Proof of a minimum of three years of driving experience.
    • A mobile phone number that can be verified via text message.

Coverage Details

  • Inclusions: The Protection Plan provides coverage for physical damage to the recreational vehicle during the rental period, subject to the limits, exclusions, and deductibles listed below. Coverage includes:

    • Damage caused by collisions, rollovers, or accidents that occur during off-road use, as long as the vehicle was used according to rental terms and in designated areas where off-road operation is permitted.
    • Vandalism or theft of the vehicle.

  • Limitations: Coverage is limited to the value of the vehicle as determined by industry standards and excludes:

    • Personal property left in or on the vehicle.
    • Damage resulting from neglect, misuse, or operation in violation of rental terms.
    • Vehicles used for racing, competitions, or illegal activities.
    • Vehicles taken outside of the United States.

  • Coverage

    • Up to $40,000 in damage for UTVs, including trailer.
    • Up to $12,000 in damage for ATVs, including trailer.

Cost of Protection Plan: The cost for the Protection Plan is $49 per day for each rental. This fee will be added to the Total Fees at the time of booking confirmation.

Exclusions and Limitations for Renter: The following situations void the Protection Plan coverage for the renter:

  • Vehicles used contrary to the rental agreement, including off-limits areas or prohibited activities.
  • Damage from driving under the influence of drugs or alcohol.
  • Damage incurred while the vehicle was being operated by someone not authorized in the rental agreement.

Exclusions for Owner: While Side By Side Share's Vehicle Protection Plan covers damages caused by the renter, there are some exclusions:

  • Losses caused by mechanical or electrical breakdown or failure, normal wear and tear, lack of maintenance, or damages incurred over time are not covered. Even if damage would otherwise be considered in a covered incident, it will still be denied if the ‘incident’ was found to be caused by failure or breakdown. For instance, if the investigation shows that a fire was caused by a mechanical failure, the fire damage is not covered.
  • Damages caused by the manufacturer or previous repair defects.
  • Items that are not factory installed (at the time of manufacturing) may not be covered. For ex add-on features such as bicycle racks, portable generators, etc.

Deductibles The following deductibles apply per incident:

  • Standard Deductible: $2,000 for most damage claims.
  • Rollover Deductible: $5,000 if the vehicle rolls onto its side or is involved in a rollover accident.
  • Theft Deductible: $5,000 if the vehicle is stolen while in the renter’s possession.

Side By Side Share reserves the right to initiate a buyout if the cost of repairs exceeds 50% of the vehicle's book value, calculated using industry-standard references.

Claims Process: To file a claim under the Protection Plan, the following steps must be followed:

  1. Notification: The owner must report any damage to Side By Side Share within 48 hours of the rental’s end date.
  2. Documentation: The Departure and Return Forms must be submitted, including dated photos and videos documenting the vehicle’s condition by the owner.
  3. Request: Side By Side Share will then request a description of the incident as well as dated photos and videos from the renter.
  4. Police Report: If vandalism is suspected, a police report must be filed, and a copy submitted to Side By Side Share.
  5. Responsibility: Renters must accept financial responsibility for any damage determined to be caused by their actions or negligence, including deductibles.

Coverage Denial and Circumvention of Fees

  • Circumvention: Rentals conducted or partially conducted outside the Side By Side Share platform will not be covered under the Protection Plan.
  • Invalidation of Coverage: If any portion of the transaction bypasses Side By Side Share's fees, coverage will be invalidated for all vehicles managed by the owner or agency.

Dispute Resolution for Claims: If a claim is denied or the parties cannot agree on coverage, the renter and owner agree to mediation conducted by Side By Side Share or a third party. All disputes related to claims must be resolved in accordance with the dispute resolution terms outlined in this agreement.

Amendments to the Protection Plan: Side By Side Share reserves the right to modify the terms of the Protection Plan at any time. Users will be notified of any significant changes through the platform and will have the opportunity to accept or reject the revised terms.

Drivers

Renter acknowledges and agrees that no person shall be allowed to drive the rental who is not at least the age of 25, a holder of a valid driver’s license in his or her actual possession, and approved through Side By Side Share verification, insurance or through a third party insurance binder. Renters acknowledge that recreational rentals can handle differently from passenger cars. The rental requires more skill and expertise to operate safely than an automobile rental.

Renter and Owner represent and warrant that any person who operates the rental will have passed ID verification and will have the skill and expertise to do so safely and free from negligence. Renter acknowledges that the qualifications of any driver of the rental are solely at the discretion and risk of Renter and that Side By Side Share has not evaluated the skill and expertise of any such driver.

Renter acknowledges that Side By Side Share has no control over the number of passengers a Renter may allow into the rental or the conduct of those occupants while the rental is being operated. Therefore, Renter acknowledges that Renter is solely responsible for the passengers on board the rental as well as the conduct of those passengers, and Renter and Owner shall confirm that both driver and passengers are properly using seat belts while the rental is in motion.

Allowed Use of the Rental

All rentals are forbidden to be used on public roadways. Off road rentals must be used in areas that allow the rental to be operated safely and without damage. Under no circumstances may the rental be operated in racing or contests of any kind. Renter remains responsible for all damage to the rental, missing equipment, down time, and Owner’s administrative expenses connected with damage regardless of whether or not Renter is at fault. Any violation of these terms will result in loss of Protection Plan coverage.

Under no circumstance shall:

  • The rental be driven outside the United States.
  • The Renter carry passengers or property for hire or more passengers than the Rental has seat belts to carry
  • The Renter allow anything to be towed behind the rental unless specified.
  • Anyone be allowed on the roof of the rental.
  • Anyone occupy any towed rental while it is in motion.

Maintenance and Breakdown

Owners are responsible for inspecting brakes, tires and fuel systems every 90 days and shall keep maintenance records affirming that these systems are inspected at a minimum of each 90 days. Tires must be at fifty percent (50%) tread wear or greater for each rental. Rental Agency, Owner and Renters are responsible for inspecting all fluid levels including oil and coolant levels at each refueling. Rental Agency, Owner and Renter are responsible for checking air tire pressure, lug nuts and wheels at each refueling and are responsible for mechanical damages due to negligence in operation and/or maintenance.

Hauling and Delivery

All liability for damages relating to a delivered rental begins when the rental leaves the Rental Agency or Owners place of origin and ends when the rental is returned to the owner’s place of origin. This includes tire blowout, damage to the rental, or property of the facility where the rental is delivered and/or picked up.

For rentals involving the delivery of the Rental by Owner, Renter’s responsibility for the Rental and liability for damages relating to delivered rentals begins when Renter takes possession of the keys and ends when the Rental is returned to the Owner or their designated delivery driver. Any damage that occurs during the delivery of the Rental is the responsibility of the Owner up to the amount of the deductible.

Right of Possession

Vehicle Owners shall always have superior right of possession of the rental over Renter. In the event that the Vehicle Owner’s, officers or employees, in their sole and absolute discretion, determine that the rental is at risk of damage or loss, the Owner shall have the absolute right, but not the obligation, to recover the rental from Renter regardless of the amount of time remaining in the Rental Agreement. In the event Owner recovers a rental from Renter, in addition to those costs payable pursuant to other parts of this Agreement, Renter shall pay all costs associated with such recovery including, but not limited to, employee wages, travel costs, fuel and repairs.

General Requirements

Renter agrees not to drive in a careless or negligent manner while driving a Rented vehicle, nor drive while under the influence of alcohol or drugs, nor permit operation of the vehicle by any person except those who have signed the Side By Side Share rental agreement and have signed the Departure Form and who have passed Side By Side Share verification procedures. Renter further agrees not to use, or permit use of the rental for unlawful purposes. Renters will hold Side By Side Share harmless from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. Renter further agrees to indemnify and hold harmless Side By Side Share from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the rented unit. Unless prohibited by law, you release Side By Side Share from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.

Renter shall hold harmless, Owners, Rental Agencies and Side By Side Share and its authorized agents and employees from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from my rental unit during rental possession extending to such time use is finalized and cleared by the Owner or Rental Agency, including without limitations, latent and other defects whether or not discoverable by you or the Vehicle Owner or Rental Agency. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by a formal request from Owner, Agency or otherwise. It is agreed and understood that the Vehicle Owner, Agency and Side By Side Share may control the defense of any such claim. Any violation of these terms will result in denial of the Protection Plan.

Damage to UTV OR ATVs OR Recreational Vehicles

As the operator of the Vehicle, you are responsible for leaving the Vehicle in the condition it was in when you picked up the Vehicle. You acknowledge and agree that as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Vehicle. In the event that an Recreational Vehicle Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items. After being notified of a claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Side By Side Share Account. You agree that Side By Side Share has no responsibility for any damages that you cause to an owners’ UTV OR ATV OR Recreational Vehicle or to any person. You also agree that as a renter, your personal insurance will act as primary to any coverage you purchase through Side By Side Share. Side By Side Share also reserves the right to charge the credit card on file in your Side By Side Share Account, or otherwise collect payment from you and pursue any avenues available to Side By Side Share in this regard, including using Security Deposits, in situations in which you have been determined, in Side By Side Share’s sole discretion, to have damaged the Recreational Vehicle, including, but not limited to, in relation to any payment requests made by the Recreational Vehicle’s Owner, and in relation to any payments made by Side By Side Share to Owners. If a vehicle has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism, a police report must be filed by the owner of the damaged vehicle before a Protection Plan claim can be processed.

Both Renter and Owner agree to cooperate with and assist Side By Side Share in good faith, and to provide Side By Side Share with such information and take such actions as may be reasonably requested by Side By Side Share. If you are a Renter, upon Side By Side Share’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with the Vehicle Owner, at no cost to you, which process will be conducted by Side By Side Share or a third party selected by Side By Side Share with respect to losses for which the Vehicle Owner is requesting payment from Side By Side Share under these terms.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Side By Side Share is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Side By Side Share of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Side By Side Share used herein are trademarks or registered trademarks of Side By Side Share. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Dispute Policy

Side By Side Share respects copyright law and expects its users to do the same. It is Side By Side Share’s policy to terminate in appropriate circumstances the Side By Side Share Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and Side By Side Share Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your Side By Side Share Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event, Side By Side Share terminates these Terms, or your access to our Services or deactivates or cancels your Side By Side Share Account you will remain liable for all amounts due hereunder. You may cancel your Side By Side Share Account at any time by contacting us via a support ticket. Please note that if your Side By Side Share Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SIDE BY SIDE SHARE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SIDE BY SIDE SHARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SIDE BY SIDE SHARE MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY UTV OR ATVS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SIDE BY SIDE SHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, UTV, ATVS, OR RECREATIONAL VEHICLES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SIDE BY SIDE SHARE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT SIDE BY SIDE SHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY UTV OR ATVS OR RECREATIONAL VEHICLES. SIDE BY SIDE SHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SIDE BY SIDE SHARE.

NOTWITHSTANDING SIDE BY SIDE SHARE’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, SIDE BY SIDE SHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

Limitation of Liability

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 SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY UTV OR ATVS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER SIDE BY SIDE SHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY UTV OR ATV VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SIDE BY SIDE SHARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL SIDE BY SIDE SHARE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY UTV OR ATV VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY UTV OR ATV OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY SIDE BY SIDE SHARE 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 SIDE BY SIDE SHARE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Side By Side Share 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 (a) your access to or use of the Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a UTV OR ATV OR RECREATIONAL VEHICLE, (iii) creation of a Listing or (iv) the use, condition or rental of a UTV OR ATV Or Recreational Vehicle by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a UTV OR ATV OR Recreational Vehicle.

Reporting Misconduct

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Side By Side Share by contacting us with your police station and report number via a support ticket; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. You agree that you are required to resolve any claim related to a payment dispute or a Protection Plan dispute that you may have with Side By Side Share and any other related party on an individual basis in arbitration, as set forth in the Arbitration section below.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Side By Side Share and you regarding the Services, Collective Content, and any bookings or Listings made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Side By Side Share and you regarding the foregoing.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Side By Side Share’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Side By Side Share may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these 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 Terms, will be in writing and given by Side By Side Share (i) via email (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 and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Utah, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state or federal court located in Utahfor any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

For any dispute with Side By Side Share, you agree to first contact us at admin@sidebysideshare.com and attempt to resolve the dispute with us informally or according to the terms. In the unlikely event that Side By Side Share has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Side By Side Share claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration.

Where it is reasonably believed the relief sought is $25,000 or less, and the claim is appropriate to resolve in small claims court, the arbitration will be conducted by FairClaims ( http://www.fairclaims.com/) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $25,001 or more, the arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate by the American Arbitration Association ("AAA") in Palm Beach County, Florida under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Side By Side Share from seeking injunctive or other equitable relief from the courts as necessary to protect any of Side By Side Share's proprietary interests.

General

The failure of Side By Side Share to enforce any right or provision of these 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 Side By Side Share. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Side By Side Share

If you have any questions about these Terms of Service, please contact Side By Side Share Support via admin@sidebysideshare.com.