Terms of use

Introduction

This User Agreement and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Ukuu offers you access to and use of our Services. You can find an overview of our policies here. All policies and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: Ukuu Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702. In this User Agreement, Ukuu Inc. is individually and collectively referred to as “Ukuu,” “we,” or “us.”

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section 18.1.1 (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

About Ukuu

Ukuu is a marketplace that allows users to offer, lend, and rent goods and services in various geographic locations using a variety of pricing formats. Ukuu is not a party to contracts for sale or rent between third-party sellers and renters, rent between third-party supplies and renters, nor is Ukuu a traditional supplier of rental products.

Any guidance Ukuu provides as part of our Services, such as pricing, delivery, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between suppliers and renters through various programs. Unless otherwise expressly provided, Ukuu has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of suppliers to lend items; the ability of renters to pay for items; or that a renter or supplier will actually complete a transaction or return an item.

Using Ukuu

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
fail to pay for items rented by you, unless you have a valid reason as set out in an Ukuu policy, for example, the supplier has materially changed the item’s description after you agreed to rent (see our Unpaid item policy);
fail to deliver items lent by you, unless you have a valid reason as set out in an Ukuu policy;
manipulate the price of any item or interfere with any other user’s listings;
take any action that may undermine the feedback or ratings systems (our Feedback policies);
transfer your Ukuu account (including feedback) and user ID to another party without our consent;
share your log in credentials with any third parties;
create listings, post, or upload content in inappropriate categories or areas on our sites;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Ukuu or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Ukuu;
circumvent any technical measures used to provide our Services.
interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Ukuu application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Ukuu. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Ukuu or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
commercialize any Ukuu application or any information, data or software associated with such application, except with the prior express permission of Ukuu; or
harvest or otherwise collect or use information about users without their consent.

Suppliers must meet Ukuu’s minimum performance standards. Failure to meet these standards may result in Ukuu charging suppliers additional fees, and/or limiting, restricting, suspending, or downgrading your supplier account.

If we believe you are abusing Ukuu and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibiting Offers to lend or rent outside of Ukuu, you may be subject to a range of actions, including limits on your lending and renting privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on lending or renting outside of Ukuu, you may be charged final value fees.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

Policy Enforcement

When a renter or supplier issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both renters and suppliers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

Fees and Taxes

We charge suppliers for the use of our Services. In some cases, where a renter receives supplemental Services such as insurance Services for items in certain categories, we may also charge the renter for such supplemental Service.

The fees we charge suppliers for using our Services are listed on our Supplying fees pages. We may change our supplying fees from time to time by posting the changes on the Ukuu site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a supplier, you are liable for fees arising out of all transactions made using some or all of our Services, even if rental terms are finalized or payment is made outside of Ukuu. In particular, if you offer or reference your contact information or ask a renter for their contact information in the context of lending or renting outside of Ukuu, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t rent, given your usage of our Services for the introduction to a renter.

You must have a payment method on file when using our supplying Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the Ukuu Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use. In addition, you will be subject to late fees. Ukuu, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Ukuu reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Ukuu Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Ukuu account, you must contact the collection agency directly.

In any jurisdiction where Ukuu has an obligation to collect taxes on rentals you supply using our Services, we or the Ukuu Payment Entities may collect such taxes from you via the payment method on file.

Supplying fees don’t rent exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including your listing, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, suppliers.

Listing Conditions

When listing an item for rent on our Services, you agree to comply with Ukuu’s Listing policies and Supplying practices policy and also agree that:

You assume full responsibility for the item offered and the accuracy and content of the listing,
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Ukuu can’t guarantee exact listing duration,
The content you provide complies with all of our listing policies, including the Images, videos and text policy,
Content that violates any of Ukuu’s policies may be modified, obfuscated or deleted at Ukuu’s sole discretion,
We may revise product data associated with listings to supplement, remove, or correct information,
We strive to create a marketplace where renters find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- renter’s location, search query, browsing site, and history;
- item’s location, listing format, price and delivery cost, terms of service, scheduled availability, history, and relevance to the user query;
- supplier’s history, including listing practices, Detailed Supplier Ratings, Ukuu policy compliance, feedback, and defect rate; and
- number of listings matching the renter’s query,
To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the renter,
Some advanced listing upgrades will only be visible on some of our Services,
Ukuu’s Duplicate listings policy may also affect whether your listing appears in search results,
Metatags and URL links that are included in a listing may be removed or altered,
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated transaction and performance history of similar rented and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the lending and performance history of your individual listings to other suppliers,
For items listed in certain categories, subject to certain programs, and/or offered or lent at certain price points, Ukuu may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication services, renter and supplier may be subject to escrow, insurance, and/or payment handling requirements,
You will not lend and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the rent or use of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Ukuu has no responsibility or liability for the safety or performance of any product that you list or lend using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or lend using our Services,
You will maintain, clean, fix, and perform all other necessary upkeep of the items you list or lend using our Services. It is your sole responsibility to determine and ensure the safe operation and function of the items you supply.
You will not lend and will promptly remove all listings for any product that does not function as intended by its original manufacturer. Ukuu has no responsibility or liability for the safety or performance of any product that you list or lend using our Services, and you are solely responsible for any damages, wear and tear, or compliance with any public or private regulations of any product you list or supply using our Services,
Ukuu may publish and promote your listings, including related content such as your name, product reviews and feedback on the websites or in the applications, services and tools of other Ukuu Inc. corporate family members or cooperating third-party operators of websites, applications, services and tools.

Rental Conditions

When Renting an item using our Services, you agree to the Rules and policies for Renters and that:

You are responsible for reading the full item listing before making a request to rent or renting an item
It is your responsibility to use any items you rent only in the manner in which they are intended to be used by their original manufacturer and to steward items as is reasonably expected by a user of said item
You will maintain, clean, fix, and perform all other necessary upkeep of the items you rent during your rental. Items should be return to their owners in the same or better condition than when they were first received.
Any loss or damages of items rented by you during the time in which those items are in your possession and/or in the rental period are solely your responsibility
You enter into a legally binding contract to rent an item when you request to rent an item, your request for an item is accepted, or if you agree to rent from a supplier
You must pay for the items you rent at the time that your rental transaction begins, it is also your responsibility to pay for any damages, overages, or other fees incurred as a result of your use of the item
It is your responsibility to verify that any items you rent are in good, safe operating order at the time of your rental transaction. You should not agree to rent an item that you have no verified operates safely and as expected
It is your responsibility to comply with all applicable laws related to your rental
You will not rent items that you are not legally allowed access to or the use of. Ukuu may cancel your rental request or transaction if deemed potentially illegal at our discretion
Ukuu may require that you provide evidence of your legal ability to rent items in certain categories in order to comply with local laws
We do not transfer legal ownership of items from the supplier to you, items rented remain the property of the supplier at all times

International Renting and Supplying; Translation

Given the nature of Ukuu’s global marketplace, listings may be viewed and rented by renters around the world. Some of our Services are accessible internationally. We offer certain programs, tools, and site experiences of particular interest to international suppliers and renters, such as estimated local currency conversion. Suppliers and renters are responsible for complying with all laws and regulations applicable to the international rent, rental restrictions, and taxes.

If you rent an item on an Ukuu site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other Ukuu site with respect to that particular rent. For suppliers, you agree that we may display your listing for rent on an Ukuu site other than the site where you listed your item for rent, based on your preference settings. You may adjust these settings at your discretion.

You authorize us to use automated tools to translate your Ukuu content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Ukuu, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Ukuu takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Ukuu users). You may use that content solely in your Ukuu listings. Ukuu may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Ukuu is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Ukuu” and other Ukuu marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Ukuu in the U.S. and other countries. They may not be used without the express written prior permission of Ukuu.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Ukuu works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

Holds and Restricted Funds

To protect Ukuu from risk of liability for your actions as a supplier and/or renter and the actions of others, Ukuu may restrict access to your funds as described in the Payments Terms of Use.

Authorization to Contact You; Recording Calls; Analyzing Message Content

Ukuu may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Ukuu may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Policy. As described in our Privacy Policy, Ukuu may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls at any time, including through the Notification Preferences section of your Ukuu Account. You may also opt-out of a specific text marketing campaign by replying “STOP” to such marketing text message.

Ukuu may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Ukuu to carry out the purposes identified above.

Ukuu may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Ukuu or its agents for quality control and training purposes, or for its own protection.

Ukuu’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Ukuu’s User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Ukuu may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing

If Ukuu provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using Ukuu Services.

Additional Terms

Cancellations and Customer Service for suppliers

Suppliers can choose to create their own, improved customer service experiences which may include refunds, replacements, or discounts under certain circumstances. Ukuu sets a default policy which is to be considered the minimum required and must be met at all times. You agree to comply with our cancelations policy.

If a transaction is cancelled after payment has been completed, Ukuu may issue a refund to the renter on the supplier’s behalf and charge the supplier for the amount of the refund.

Additionally, Ukuu may charge suppliers for the cost of transportation and/or other reasonable fees from suppliers when:

A renter has made every reasonable effort to uphold the renter agreement, but the supplier is found to be lacking to the extend that it significantly inconveniences the renter;
Cancellations have been automated;
The supplier fails to supply the item as listed using the Ukuu service on a timely basis
The item is not as described in the listing and the transaction is cancelled in accordance with Ukuu Money Back Guarantee or other applicable terms.

Ukuu or Ukuu Payment Entities may invoice suppliers for these charges and collect such charges as described in the Payments Terms of Use.

All supplier cancellations of orders must be in accordance with our Cancellation policy.

Returns and cancellations for renters

Renters generally have the right to cancel an order until the day of the rental transaction. After that, renters can request to cancel an order on Ukuu as provided in our Order cancellation policy. In certain instances, a renter may be responsible for the cost of all or a portion of a rental transaction if cancelled after the transaction’s agreed start time. If the renter is responsible for the rental cancellation, the transaction will be charged as a normal transaction and the remaining balance will be refunded to the renter.

Ukuu Money Back Guarantee

Most Ukuu rents go smoothly, but if there’s a problem with a rental covered by Ukuu Money Back Guarantee, renters can get their money back if an item is faulty or damaged, doesn’t match the listing, or was otherwise misrepresented by the supplier. You agree to comply with the policy and permit us to make a final decision on any Ukuu Money Back Guarantee case.

If you (as supplier), are required to reimburse a renter or Ukuu under the Ukuu Money Back Guarantee, Ukuu may invoice you in the amount of the reimbursement, or collect the amount of the reimbursement from you as described in the Payments Terms of Use. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the Ukuu Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

Payment Services

Payments for items, goods, and services rented using our Services are facilitated by designated Ukuu entities (each, an “Ukuu Payment Entity”) pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item rented using our Services, you must accept and comply with the Payments Terms of Use, including the requirements to provide to Ukuu Payment Entities information about you, your business, and the financial account you will use to receive payments.

If you are a renter:

You may pay for items and services using the payment methods that the Ukuu Payment Entities make available, and the Ukuu Payment Entities will manage settlement of the payment to suppliers. When renting on our Services, you authorize the Ukuu Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the supplier. Accordingly, payments received by the Ukuu Payment Entity from you will satisfy your obligations to pay the supplier in the amount of payments received.
In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with Ukuu’s internal risk controls or due to potential violations of any policy of Ukuu or the Ukuu Payment Entity, or a policy of one of the Payment Entity’s third-party payment services providers.
Ukuu will retain a deposit for each transaction for no less than 50% of a single rental period for the item being rented. This is to secure the transaction in case of any loss or damages to the item. This deposit will be charged from your payment method kept on file and returned to the same payment method upon successfully returning the item in good repair. Ukuu may retain some or all of the deposit amount if an item is not returned in its original state.
Ukuu may charge additional fees to your payment method on file if a claim is made against your as a renter for loss or damages to an item and an investigation deems you responsible for reparations. These charges will account for the rental amount, the fair market value of the item, and potential losses caused to the item supplier (lost rents resultant from the damages or absence of the item).
Ukuu, the Ukuu Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a rent, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under in Ukuu. You are responsible for maintaining the accuracy of information we have on file, and you consent to Ukuu updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
You may seek returns or cancellations on our Services, or file Ukuu Money Back Guarantee claims on our Services. If you are entitled to a refund, the Ukuu Payment Entities will issue the refund if the Ukuu Payment Entities processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the Ukuu Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the Ukuu Payment Entity has no control over, or responsibility or liability for, such fees or actions.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Rental update and other notification functionality in Ukuu’s applications may not occur in real time. Such functionality is subject to delays beyond Ukuu’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Ukuu (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Ukuu was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

the content you provide (directly or indirectly) using our Services;
your use of or your inability to use our Services;
pricing, delivery, format, or other guidance provided by Ukuu;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Ukuu Service;
damage or loss of items listed using Ukuu Service;
damage to property or harm to any person while using an item rented from the use of any Ukuu Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Using Ukuu Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Ukuu Money Back Guarantee up to the price the item rented on Ukuu (including any applicable rents tax), (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND UKUU HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes Section, the term “related third parties” includes your and Ukuu’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Ukuu’s, and these entities’ respective employees and agents.

You and Ukuu agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Ukuu (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Ukuu or its agents, or any products or services lent or rented through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Ukuu, except as otherwise stated in this User Agreement.

Agreement to Arbitrate

You and Ukuu each agree that any and all disputes or claims that have arisen, or may arise, between you and Ukuu (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Ukuu or its agents, or any products or services rented, offered, or lent through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.

Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (“FAA”), and to the extent not inconsistent with the FAA, the laws of the State of Utah, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND UKUU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND UKUU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to further sections below), subject to your and Ukuu’s right to appeal the court’s decision. All other claims will be arbitrated.
Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach the agreement, the court shall select the administrator. A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which may be downloaded at this link. The Notice to Ukuu must be sent to Ukuu Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702. Ukuu will send any Notice to you to the physical address we have on file associated with your Ukuu account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account. If you and Ukuu are unable to resolve the claims described in a valid Notice within 30 days after Ukuu receives that Notice, you or Ukuu may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Ukuu at the following address: Ukuu Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702. In the event Ukuu initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Ukuu account. Any settlement offer made by you or Ukuu shall not be disclosed to the arbitrator. If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Salt Lake County, Utah, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ukuu may attend by telephone, unless the arbitrator requires otherwise. The language of the arbitration will be English.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Ukuu user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, Ukuu will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by Ukuu should be submitted by mail to the AAA along with your Demand for Arbitration and Ukuu will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Ukuu for all fees associated with the arbitration paid by Ukuu on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
Severability With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Opt-Out ProcedureI F YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO UKUU INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, Ukuu Inc., 2035 Sunset Lake Road, Suite B-2, Newark, DE 19702. For your convenience, we are providing an Opt-Out Notice form. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Ukuu Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Ukuu prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Ukuu. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Ukuu.io at least 30 days before the effective date of the amendments and by providing notice through the Ukuu Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

Judicial Forum for Legal Disputes

All claims or disputes that are not subject to the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate and all matters brought pursuant to and in aid of the Agreement to Arbitrate will be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and Ukuu agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims, disputes, or matters.

General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on info.Ukuu.io.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.Ukuu.io. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Ukuu Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Ukuu representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting Ukuu’s ability to refuse, modify, or terminate all or part of our Services, Ukuu may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Ukuu Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Ukuu, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Payment Services, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210