Terms and Conditions
Liability Waiver and Release
- Assumption of Risk Users of the Hub Split LLC platform, accessible via hubsplit.com, acknowledge that the buying, renting, or using of any products, services, or items from our platform involves inherent risks that may cause personal injury, property damage, or other forms of loss. Users assume full responsibility for these risks, both known and unknown.
- Waiver and Release of Claims By agreeing to these Terms of Service, users expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Hub Split LLC, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to the use of our platform, whether arising out of the negligence of Hub Split LLC or any Releasees or otherwise.
- Indemnification Users agree to indemnify, defend, and hold harmless the Releasees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, that are incurred by Releasees arising out of or related to the users’ use of the platform, products, or services.
- Limitation of Liability To the maximum extent permitted by law, Hub Split LLC shall not be liable to any user or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind, or any damages whatsoever, including, but not limited to, damages resulting from injury to person or property or from any use of any product, service, or item obtained from Hub Split LLC, whether based on warranty, contract, tort (including negligence), or otherwise, even if Hub Split LLC has been advised of the possibility of such damages.
- Acknowledgment of Understanding Users confirm that they have read this Liability Waiver and Release and fully understand its terms. Users acknowledge that they are giving up substantial rights, including their right to sue. Users are agreeing to these terms freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. Users agree that if any portion of this agreement is held to be invalid, the remainder shall continue in full force and effect.
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Liability for Rentals and Listings
6.1 Peer-to-Peer Platform
Our platform, HubSplit.com, facilitates peer-to-peer rentals, allowing users to rent items and services from other users. We act solely as an intermediary to connect renters and owners.
6.2 No Liability for Rentals
You acknowledge and agree that we are not responsible for and have no liability for any rentals or potential rentals, including but not limited to:
- Condition and Quality: The condition, quality, safety, or legality of any items or services listed for rent on our platform.
- Accuracy of Listings: The accuracy or truthfulness of any listings, including descriptions, prices, or other information provided by users.
- Rental Agreements: The terms and conditions of any rental agreements entered into between users, including compliance with such agreements.
- User Conduct: The conduct of any users, including their interactions, communications, and transactions with other users.
6.3 User Responsibilities
As a user of our platform, you are solely responsible for:
- Due Diligence: Conducting your own due diligence before entering into any rental agreements, including inspecting items, verifying information, and assessing the suitability of the rental.
- Complying with Laws: Ensuring that your rental activities comply with all applicable laws and regulations.
- Insurance and Security: Obtaining appropriate insurance coverage and taking necessary security measures to protect your interests.
6.4 Disputes Between Users
We do not guarantee to mediate or resolve disputes between users. Any disputes arising from rentals or potential rentals, including those related to payments, item condition, or rental terms, must be resolved directly between the parties involved. You agree to release us from any claims, demands, and damages arising out of or in connection with such disputes.
6.5 No Endorsement
We do not endorse, warrant, or guarantee any items, services, or users on our platform. Any references to items, services, or users are provided for informational purposes only and do not constitute an endorsement or recommendation by us.
6.6 Platform Use
Your use of our platform is at your own risk. We do not guarantee the continuous, uninterrupted, or secure access to our platform, and we are not liable for any interruptions or errors in the operation of our platform.
6.7 Limitation of Liability
To the fullest extent permitted by law, we disclaim any and all liability for any damages, losses, or injuries arising from or related to your use of our platform, including but not limited to:
- Direct Damages: Any direct damages resulting from rentals or potential rentals.
- Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or loss of goodwill.
- Total Liability: Our total liability to you for any claims arising out of or related to your use of our platform will not exceed the amount paid by you, if any, for accessing or using our platform.
6.8 Changes to Liability Terms
We reserve the right to modify this section or any other part of our Terms of Service at any time. Any changes will be effective immediately upon posting on our platform or notifying you directly.
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SMS Verification and Transactions
1. SMS Verification
As part of our efforts to maintain the security and integrity of our platform, we utilize Twilio’s SMS services to verify user identities.
- Process: Upon registration or when performing certain actions that require verification, you will receive an SMS containing a verification code to the phone number you provide. You must enter this code on our platform to complete the verification process.
- Responsibility: You are responsible for providing an accurate phone number and ensuring that you have access to the device receiving the SMS. We are not responsible for any delays or failures in receiving the verification code due to issues outside our control.
2. Transactions via SMS
We may use Twilio’s SMS services to facilitate communications related to transactions on our platform, including but not limited to notifications about rental agreements, payment confirmations, and other transaction-related messages.
- Notification: By providing your phone number, you agree to receive SMS notifications related to your transactions on our platform.
- Accuracy: It is your responsibility to ensure the phone number you provide is accurate and up-to-date. We are not liable for any miscommunications resulting from incorrect or outdated phone numbers.
3. Charges and Fees
Receiving SMS messages from us may incur charges from your mobile service provider. You are responsible for any fees associated with receiving SMS messages, including those imposed by your mobile carrier.
4. Opting Out
You may opt out of receiving SMS messages at any time by following the opt-out instructions provided in the messages or by contacting us directly. However, opting out of SMS messages may impact your ability to use certain features of our platform that require SMS verification or notifications.
5. Data Privacy
Your use of our SMS services is subject to our Privacy Policy, which details how we collect, use, and protect your personal information. By agreeing to these Terms of Service, you also agree to the terms outlined in our Privacy Policy regarding SMS verification and transactions.
6. Security
We take appropriate measures to ensure the security of the information transmitted via SMS. Twilio, our SMS service provider, also adheres to stringent security protocols to safeguard your data.
7. User Obligations
By using our platform, you agree to:
- Provide a valid and accessible phone number for SMS verification and transaction notifications.
- Promptly update your phone number if it changes.
- Be responsible for any SMS charges incurred.
8. Changes to SMS Services
We reserve the right to modify or discontinue the SMS verification and transaction services at any time, with or without notice. Any changes will be effective immediately upon posting on our platform or notifying you directly.
