Hive5 Apps Terms of Use
Last Modified: January 1, 2023
These terms of use are entered into by and between you (”you” or ”User”) and Hive5 Corp., a Delaware corporation ("Company," ”Hive5,” "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of Hive5app.com, including any content, functionality, and goods or services (”Items”) offered by the owners of items (”Owners”) and renters that search, utilize, hire, transact and review certain defined Items (”Renter(s)”) on or through Hive5app.com and any of our mobile applications (together, the "Hive5 Apps"), whether as a guest or a registered user. The term ”Users” used herein refers to both Owners and Renters.
Please read the Terms of Use carefully before you start to use the Hive5 Apps. By using the Hive5 Apps or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Hive5 Apps.
The Hive5 Apps are offered and available to users who are 18 years of age or older. By using the Hive5 Apps, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet these requirements, you must not access or use the Hive5 Apps.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Hive5 Apps thereafter.
Your continued use of the Hive5 Apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The Company provides a marketplace for the rental of Items between Users. Hive5 manages the entire workflow process including deposits and payments.
Company makes no representations or warranties about the quality of any Items from the Owners. Owners listed on the Company Apps are not controlled by the Company, and Owners decide in their own discretion how to provide Items.
Users create a new account with Hive5 using an email or a password or their Facebook or Google accounts.
Owners can list their items on the app. They specify item name, photos, category and define rental terms (same day return or multiple days), cost of rental and a security deposit in case of damage or theft.
Users can browse items listed close to their location. They can view the item information and see approximately where the item is located. If they like the item, they can request to rent it.
They specify the rental term and provide a credit card to be used for payment. They see a rental quote that includes a security deposit hold. When they request the rental, Hive5 notifies the Owner.
The Owner can reject or accept the request. When it is time to pick up, the system will remind both parties to meet up at the pickup location (which the Owner specifies when accepting the rental request). If either party does not show up, the rental will be cancelled with no fees.
When they meet, the pickup is initiated by having the Renter scan a QR code from the Owner device, thereby proving they have met. The Renter examines the item and can accept to pick up or reject in case the item was not as described or was broken etc. Upon acceptance, Hive5 will place a hold on the rental fee and another hold on the security deposit. The Renter is then asked to scan another QR code from the Owner's device, thereby signing that they have picked up the item. The Renter takes the item and leaves. Hive5 confirms the rental charge hold.
When it is time to return the Item, the system notifies both parties. If the parties fail to show up on time, the system will reschedule the return to the next day. The system will check if the Renter showed up or not. If not, then the Renter will be liable to pay extra fees for the additional day(s). If the Renter fails to show up 3 times, the system will consider the item to be stolen and the Owner can claim it as such and get the security deposit in full.
If both parties met on time, the Owner this time scans the QR code from the Renter's device signaling that they are starting the return process. The Owner examines their item and may decide to add damage costs up to the agreed upon security deposit. In case the Renter was late as described above, the Owner can charge additional costs for the extra days or may decide to waive. The maximum amount the Owner can take for BOTH late fees and damage charges is the security deposit and nothing greater.
If the Users do not perform the expected action within a certain time frame, the system will notify them and if no action is taken, the system will take the next step automatically. For example: If the return process started and was not concluded within 45 minutes, the Hive5 will first remind both Users to complete it after 15 mins and at the 45-minute mark, it will automatically complete the return on behalf of the Owner to avoid having stale rentals.
If one User has a dispute with another User, the Users agree to release the Company from all claims, demands and damages of every nature, known and unknown, arising out of or in any way connected with such disputes. In no event will the Company be liable for direct or indirect consequences of a User or provider failing to comply with applicable security deposits, additional costs or laws and regulations.
If no damage charges were placed, the rental will be complete and the Owner gets back their item. Renter will be refunded the security deposit either in full or partially in case of late charges.
Renters and Owners can rate each other and the Item based on their experience.
When the rental is done, the Owner sees that profits were added to their pending balance. The Owner will need to connect their STRIPE account to get the money transferred there. Once the money is in the Stripe account, the Owner can collect it or transfer it to Owner's bank account.
During the rental and due to Stripe limitations, Hive5 will ask the Renter to renew the hold on the security deposit charge every week. This is needed to avoid auto confirming the charge and Stripe taking its fees from the charge. The Renter will be notified and asked to authorize the renewal charge if the system was not able to renew on its own. If the Renter fails to do so, they will be liable to pay Stripe fees on the security hold even if they were not charged for damages.
Hive5 will have the following fees applied on each rental: Both the Renter and Owner pay $0.5 + 8% of the rental amount as fees. These amounts can change at any time.
Owners and Renters can exchange messages through the app regarding their rentals.
Users can see and manage their profiles. They can also checkout profiles of other users and their reviews. Phone numbers, emails and addresses won't be shown for privacy reasons. Upon rental, the pickup address will be shared.
To be able to transact, users must verify their email addresses and phone numbers. The system will send verification codes to these emails and phone numbers and users must enter the correct codes.
We reserve the right to withdraw or amend the Hive5 Apps, and any services or Items we provide on the Hive5 Apps, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Hive5 Apps are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Hive5 Apps, or the entire Hive5 Apps, to Users, including registered Users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Hive5 Apps.
Ensuring that all persons who access the Hive5 Apps through your internet connection are aware of these Terms of Use and comply with them.
To access the Hive5 Apps or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Hive5 Apps that all the information you provide on the Hive5 Apps is correct, current, and complete. You agree that all information you provide to register with the Hive5 Apps or otherwise, including, but not limited to, through the use of any interactive features on the Hive5 Apps, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Hive5 Apps or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
To use any of the Company's Mobile Apps, you must have a compatible mobile device. We do not warrant that the Mobile Apps will be compatible with your mobile device. You may use mobile data in connection with the Mobile Apps and may incur additional charges from your wireless provider for these Mobile Apps. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Apps for one account on one mobile device owned or leased solely by you, and in accordance with the features made available to you. You may not: (i) modify, disassemble, decompile or reverse engineer the software underlying the Mobile App (”Mobile Software”), except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.
The following applies to any Mobile Software you acquire from the App Store, including, but not limited to, Apple's mandatory and proprietary voice to text translations tool available through the Mobile Apps (”App Store-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-
Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Software you acquire from the Google Play Store (”Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and us only, and not with Google, Inc. (”Google”); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) We, and not Google, are solely responsible for our Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to our Google-Sourced Software.
The Hive5 Apps and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other owners of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Hive5 Apps for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Hive5 Apps, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Hive5 Apps or any services or materials available through the Hive5 Apps.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Hive5 Apps in breach of the Terms of Use, your right to use the Hive5 Apps will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Hive5 Apps or any content on the Hive5 Apps is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Hive5 Apps not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the brand ”Hive5” the Company logo, and all related names, logos, Item and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, Item and service names, designs, and slogans on the Hive5 Apps are the trademarks of their respective owners.
You may use the Hive5 Apps only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Hive5 Apps:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States).
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Hive5 Apps, or which, as determined by us, may harm the Company or users of the Hive5 Apps, or expose them to liability.
The Hive5 Apps may, either currently, or in the future contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Hive5 Apps.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Hive5 Apps, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Hive5 Apps.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must entirely comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy: Hive5 Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion, including that the Company shall act on objectionable User Contributions reports within 24 hours by removing the content and ejecting the User who provided the offending User Contribution.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Hive5 Apps or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Hive5 Apps.
Terminate or suspend your access to all or part of the Hive5 Apps for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Hive5 Apps. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Hive5 Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers. If you believe that any material on the Hive5 Apps infringes upon any copyright which you own or control, we ask that you notify us of the alleged infringement by emailing support@Hive5app.com
The information presented on or through the Hive5 Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information, including Item and pricing information, is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Hive5 Apps, or by anyone who may be informed of any of their contents.
The Hive5 Apps include content and Items provided by third parties, including materials provided by Owners of goods and services, other users, third-party licensors, manufacturers, retailers and others. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials and listings provided by any third parties.
We may update the content on the Hive5 Apps from time to time, but their content is not necessarily complete or upto-date. Any of the material on the Hive5 Apps may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on the Hive5 Apps is subject to our Privacy Policy. By using the Hive5 Apps, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You agree that by placing an order for a Rental and agreeing to these Terms, you are entering into a binding contract with Hive5 and agree to pay all charges that may be incurred by you or on your behalf through the Hive5 Apps, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
All descriptions, images, references, features, content, specifications, Items, and prices of Items and services described or depicted on the Hive5 Apps are subject to change at any time without notice. We have made every effort to display as accurately as possible the colors and images of the Items that appear on the Hive5 Apps. We cannot guarantee that your computer monitor's display of any color will be accurate.
Hive5, at its sole discretion, may offer promotional pricing, codes or other offers to you (”Promotions”). Promotions cannot be used on past rentals. Promotions are non-transferable and there is no cash alternative. Promotions cannot be used in conjunction with other Promotions or offers, and must be used by the date published if any. We reserve the right at any time without notice to retract or change any Promotions.
Hive5 reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any Item or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any User with any Item or service.
Payment Processing. We accept ”third party payment providers” (i.e. Stripe) using most major debit and credit cards. For payments through third party payment providers, you may be directed to their websites. It is your responsibility to familiarize yourself with the third party payment provider's terms and conditions, and privacy policy.
You acknowledge and agree that the credit or debit card being used is yours or that you have been specifically authorized by the owner of such card to use it. All card holders are subject to validation and authorization by the issuer of the card. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders.
Shipping and Returns. As an online marketplace, We provide an exciting variety of curated, high quality goods for rent at an affordable price in a timely and convenient manner. However, shipping, returns and exchanges are subject to the specific shipping and return policy of the Owners who provided the Item(s) you rented. That includes things like different shipping options, how long you have to return a Item, what can be returned or what must be exchanged, etc. However, all financial transactions, including refunds, if applicable, will be processed through the Hive5 Apps. Don't worry; we got your back.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Hive5 Apps may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Hive5 Apps.
Send emails or other communications with certain content, or links to certain content, on the Hive5 Apps.
Cause limited portions of content on the Hive5 Apps to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Hive5 Apps or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on the Hive5 Apps that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Hive5 Apps contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Hive5 Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Hive5 Apps is based in the United States and serves certain specific markets. We make no claims that the Hive5 Apps or any of their content is accessible or appropriate outside of the United States or outside a specific market area. Access to the Hive5 Apps may not be legal by certain persons or in certain countries. If you access the Hive5 Apps from outside United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Hive5 Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HIVE5 APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIVE5 APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY HIVE5 APPS LINKED TO IT.
YOUR USE OF THE HIVE5 APPS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIVE5 APPS IS AT YOUR OWN RISK. THE HIVE5 APPS, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE HIVE5 APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE HIVE5 APPS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE HIVE5 APPS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIVE5 APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE HIVE5 APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIVE5 APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We seek to provide our Hive5 Renters with best-in-class Items to rent that meet our stringent criteria. However, since we are not a manufacturer or Owner of the Items, and the manufacturing of the Items is not controlled by the Company, Company makes no representations or warranties about the quality of any Items, nor can we ensure that any Items are compliant with third-party certification requirements and Item representations. You are required to use your independent judgment before renting an Item.
Each User releases the Company, our agents and employees from all claims for loss of, or damage to Item's personal property or includes illegal Items therein belonging to any other User that the Renter received, or Owner handled or stored, or that was left behind or carried in or out of the Vehicle or in any service Vehicle from the Company,
whether or not the loss or damage was caused by Company's negligence or was otherwise Company's responsibility. Further, the Owner is solely authorized to offer Item Property to Renters, despite Items being owned by third parties.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HIVE5 APPS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE HIVE5 APPS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Hive5 Apps, including, but not limited to, your User Contributions, any use of the Hive5 Apps' content, services,
and Items other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Hive5 Apps.
All matters relating to the Hive5 Apps and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Hive5 Apps shall be instituted exclusively in the courts of Delaware although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your State of residence or any other relevant State. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require Users to submit any disputes arising from these Terms of Use or use of the Company Apps, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and the Company regarding the Hive5 Apps and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Hive5 Apps.
The Hive5 Apps are operated by Hive5 Corp. All feedback, comments, requests for technical support, and other communications relating to the Hive5 Apps should be directed to: support@Hive5app.com.