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Rental Policy

Version 1.0 - Last updated: January 2, 2019

This Rental Policy is to be considered in conjunction with our Privacy PoliciesTerms of Use, and the Rental Agreement. Any agents, employees, attorneys, or anyone else acting on behalf of a Member must follow the terms of this Rental Policy and all other Music City Mobility Scooters (Hereinafter referred to as MCMS) Policies. Capitalized terms not defined herein shall have the same meaning as set forth in the Terms of Use.

Description of the Rental Listings

A “Rental Listing” describes an object, product or good (an “Item”) to be offered for rent. A Rental Listing can only include the words, documents, images, and videos which MCMS decide to put online. Any Member, including you, who posts a Rental Listing (an “Owner”) is solely responsible for ensuring proper category choices for their rental offers. MCMS does not guarantee that all the objects, products, goods, and services are placed in the appropriate category. Placement of a listing in a particular category by an Owner can in no instance be interpreted as a guarantee on MCMS’s part regarding the origin and authenticity of said Item.

An Owner must have either all ownership rights to, or all rights allowing them to rent, the Item on their Rental Listing.

Any material terms and conditions of a Rental Listing, including, but not limited to, cost of rental, delivery, maintenance fees, or any additional fees, representations or warranties must be clearly indicated in the Rental Listing. Further, if any Rental Agreement is to be proposed by the Owner it must be attached to the Rental Listing.

While the Rental Listing will include the Owner’s city and state, an Owner shall make no mention of its Personal Contact Information anywhere on the Rental Listing. “Personal Contact Information” shall include, but is not limited to, the physical location of the listed Item, the Owner’s physical address, fax, telephone number, mailing address email address, or any other way to contact the Owner outside of the MCMS interface.

Non-Rentable Objects and Goods

You agree that any Items that you offer for rent in a Rental Listing are only objects and goods that are part of regular market commerce; authorized under local, state, and federal laws to be held, used, and leased; free of defects that would put persons or other property in danger; not counter to the public good or unethical.

The responsibility lies with Owner to ensure that the Items he or she offers for rent are legal, authorized and not forbidden. In cases where illegal products are offered for rent, penal and/or civil responsibilities may be incurred. Any Member who becomes aware of a rental offer that involves forbidden goods agree to contact MCMS immediately via email at ken@musiccitymobilityscooters.com. MCMS reserves the right to remove from its website any listings which are against the law, and/or contrary to its principles and morals. MCMS also reserves the right to ban the Member who posted said offer.

Proposed Borrower's Obligations

Any Member, or you, who wishes to send a “Reservation Request” to a Rental Listing (the “Proposed Borrower”) agrees that he or she will review the Rental Listing in its entirety, including any proposed Rental Agreement, before sending a Reservation Request. If the Proposed Borrower wished to amend any terms of the proposed Rental Agreement, he or she must do so in his or her Reservation Request.

No Exchange of Contact Information

Once a Rental Listing is listed, and before a Rental Request is accepted, the Owner and Proposed Borrower may not share their identities or Personal Contact Information for any reason (via the MCMS interface or otherwise).

Authorization Code

When an Owner accepts a Reservation Request, the Borrower will receive a unique authorization code or pin number (the “Authorization Code”) from MCMS. Upon MCMS’s receipt of the Authorization Code, MCMS will authorize the release the agreed upon rental fee and any deposit from the Borrower’s account into the Owner’s account (less the Service Fee described below). BORROWER ACKNOWLEDGES THAT THE AUTHORIZATION CODE PERMITS THE RELEASE OF THE AGREED UPON RENTAL FEE AND ANY APPLICABLE DEPOSIT FROM ITS ACCOUNT AND WILL KEEP THE AUTHORIZATION CODE PRIVATE AND IN A SAFE PLACE UNTIL BORROWER IS READY FOR SUCH FUNDS TO BE RELEASED.

Service Fee

Upon the successful receipt of an Authorization Code, MCMS will receive a “Service Fee” in the range of 30% to 50% of the total rental charge (Fee is determined based on the Owner’s tier and the rental program the owner is associated with). The Service Fee will be deducted from the funds transferred by the Authorization Code. SUBJECT TO THE TERMS AND CONDITIONS HEREIN, ONCE THE AUTHORIZATION CODE HAS BEEN SUCCESSFULLY RECEIVED AND THE AUTHORIZED FUNDS SUCCESSFULLY TRANSFERRED, PAYMENT OF THE SERVICE FEE WILL BE CONSIDERED FINAL AND NON-REFUNDABLE.

Disclaimers

YOU AGREE THAT MUSIC CITY MOBILITY SCOOTERS IS NOT RESPONSIBLE FOR ANY “DOUBLE BOOKING” BY AN OWNER OR THE LATE RETURN OF AN ITEM BY A BORROWER. As such MCMS highly recommends that Owners leave enough time between accepted Rental Requests to receive the Item back from a previous Borrower.

YOU AGREE THAT MUSIC CITY MOBILITY SCOOTERS IS NOT RESPONSIBLE FOR THE CONDITION OF THE ITEMS POSTED IN A RENTAL LISTING OR ANY DAMAGES IN. As such, MCMS highly recommends that the Proposed Borrower inspect the Item prior to accepting a rental.

You are encouraged to read the Disclaimers, Limited Liability, and Indemnification sections of our Terms of Use.

MCMS Is Not a Party to Any Rental Agreement (other than the case of MCMS owned inventory)

The site is an online marketplace only, designed for the unique purpose of putting people who want to rent things in touch with people who have things to rent. As such, in some cases, MCMS may provide its’ own inventory to seed the platform to bridge the gap between demand and supply. Other than the case where the rented item is MCMS owned, we never intervene in the transaction between the Borrower and the Owner. MCMS cannot thus be considered part of the Rental Agreement between members of the Site unless the rented item(s) belong to MCMS itself.

YOU AGREE THAT MUSIC CITY MOBILITY SCOOTERS EXERCISES NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS LISTED, OR OVER THE TRUTHFULNESS OR ACCURACY OF THE RENTAL LISTINGS, OR OVER THE ABILITY OF OWNERS TO RENT THE ITEMS LISTED OR THE ABILITY OF THE BORROWER TO RENT OR PAY FOR THE RENTAL OF ANY ITEMS. WE DO NOT GUARANTEE THAT THE PARTIES WILL COMPLETE ANY OR ALL TERMS OF THE TRANSACTION.

Any security deposits or guarantees required by the Owner in whatever form, remains the sole responsibility of the Borrower and Owner.

MUSIC CITY MOBILITY SCOOTERS IS NOT RESPONSIBLE FOR THE COLLECTION, RETENTION, OR REFUNDING OF ANY SECURITY DEPOSIT, FOR THE CONTROL OF THE EXACT IDENTITY OF THE OWNER AND THE BORROWER, OR FOR COLLECTING MONEY OWED BY THE BORROWER TO THE OWNER OR BY THE OWNER TO THE BORROWER OTHER THAN THE CASE WHERE THE RENTED INVENTORY IS OWNED BY MUSIC CITY MOBILITY SCOOTERS.

For the convenience of the Owner and Borrower, MCMS may make available to the Owners and Borrowers, an optional Rental Agreement Template (“Template”). This Template, depending on the type of rental, includes information about the transaction such as the security deposit terms, the length of the rental, the price of the rental as well as all other information often included in rental agreements.

This template is provided by MCMS as an option only, to be modified and added to by the Parties as needed. You agree that MCMS is not responsible for any claims related to use of the Template. You acknowledge that the Template is only a “starting point,” and that it is your sole responsibility to prepare an enforceable Rental Agreement. Accordingly, MCMS recommends that you seek professional advice when preparing a Rental Agreement.

In the case of MCMS owned inventory rental, the borrower agrees to all the terms and conditions of default rental agreement provided by MCMS on the site by clicking the “I agree to Music City Mobility Scooters Rental Agreement and Terms of Use” check box on the reservation form at the time of the rental reservation. Furthermore, borrower agrees to release MCMS from any and all liabilities arising from the possession or the use of rented item that is owned by MCMS. As such, borrower takes full responsibility for the proper use of the item as well as returning the item back to MCMS according to the terms of the rental agreement.

Remedies

If the proposed rental transaction is cancelled by an Owner (or MCMS in the case of MCMS owned inventory) after having transferred the funds via an Authorization Code, or if you suspect bad faith or other abuse of the Site by another Member, you can contact MCMS directly via the Contact Us button and can otherwise leave feedback about the Owner.

All informal complaints must be submitted by creating a ticket at the Contact Us tab. MCMS will do its best to attain an amicable resolution in all disputes. Any formal disputes or claims shall be handled in accordance with our Terms of Use.

Fees & Tax

Members are solely liable for all the taxes, fees and commissions resulting from use of Our Services and Our Site. (See Terms of Use).

Taxes (such as, and without limitations, sales taxes) might be applicable to your transactions whether you are an individual or entity, or whether you are an Owner or a Borrower. Members are encouraged to seek tax advice from a professional. (See Terms of Use).

Warranties and Limitation of Liability

As set forth in the Terms of Use, MCMS is not responsible for any injury or loss that may occur during any rental transaction or usage of the Site or Services. You are encouraged to review the Disclaimer, Limited Liability, and Indemnity sections of the Terms of Use.

Proof of Transactions

The computerized records kept within MCMS electronic data system, and maintained using reasonable security measures, will be considered as the sole proof of the communications, orders, amounts owed, and payments made between MCMS and the Members.