Terms and Conditions
10 Wooster LLC owns and operates www.10Wooster.com, an online platform providing users with a variety of resources to facilitate peer-to-peer sharing, lending, borrowing and renting of goods and services. The following describes the terms on which 10 Wooster offers you access to our websites, platform and services (“Platform”). If you do not accept and agree to the terms then you must not access or use the app or site.
1. Platform and License
10 Wooster LLC grants you a limited, non-exclusive license to access and use the Platform for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any events and your submission of accurate and acceptable information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
10 Wooster LLC is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of the Platform and we reserve the right to suspend, withdraw, amend, modify or vary the service provided without notice and without incurring any liability to you.
Except as expressly permitted by us in writing, you agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble 10 Wooster LLC. You will not take any measures to interfere with or damage 10 Wooster LLC. All rights not expressly granted by 10 Wooster LLC are reserved.
You acknowledge and agree that 10 Wooster LLC may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that information violates the rights of third parties; (d) protect the rights, property or personal safety of 10 Wooster LLC, its employees, users or the public; or (e) enable the transfer or sale of the Platform to another entity.
2. Payments and Earnings
In order to access certain features of the Site and Application, and to book an item for
rent or create a Listing, you must become a Member by registering and creating an account. You can only register or join by logging into your account (a “Third Party Account”) with a verified email address or certain third party social networking sites including, without limitation, Facebook (a “SNS”). As part of the functionality of the Site, Application and Services, you may link your 10 Wooster account with Third Party Accounts, by either: (i) providing your Third Party Account login information to 10 Wooster through the Site, Services or Application; or (ii) allowing 10 Wooster to access
your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to 10 Wooster and/or grant 10 Wooster access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating 10 Wooster to pay any fees or making 10 Wooster subject to any usage limitations imposed by such third party service providers. By granting 10 Wooster access to any Third Party Accounts, you understand that 10 Wooster will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your 10 Wooster account and 10 Wooster account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your 10 Wooster account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or 10 Wooster’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH A SNS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS. 10 Wooster does not review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and 10 Wooster is not responsible for any SNS Content. A 10 Wooster account and 10 Wooster account profile page for your use of the Site and Application will be created upon registration based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may not have more than one (1) active 10 Wooster Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 10 Wooster reserves the right to suspend or terminate your 10 Wooster account and your access to the Site, Application and Services for any reason, including, without limitation, if you create more than one (1) 10 Wooster account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your 10 Wooster account, whether or not you have authorized such activities or actions. You will immediately notify 10 Wooster of any unauthorized use of your 10 Wooster account.
Lenders are responsible for shipping the items to the lender in cases where 10 Wooster cannot facilitate. Lenders are responsible for shipping costs, and can decide whether or not they can pass them on to the borrower. 10 Wooster provides a return label for the
Borrower to mail the item to the borrower. If either Lender or Borrower lose the return label or any shipping label provided by 10 Wooster, they are responsible for replacing the label or covering shipping costs on their own.
4. Cancellations and Refunds
Lenders or Borrowers may cancel a requested booking up to 14 days before the beginning of the rental period. If a Borrower cancels less than 14 days before a rental period begins, she will be charged the full amount of the transaction. If a Lender cancels less than 14 days before the beginning of a rental period, she will be charged $50 – unless the reason for the cancelation was damage provided by another member of 10 Wooster. If Lender neglects to send an item without notifying the Borrower and 10 Wooster, she will be charged a $100 fee for providing the inconvenience.
5. Damage to Items Borrowed and Loaned
As a 10 Wooster Member and Borrower, you agree to take good care of items as if they were borrowed from a good friend. Borrowers are responsible for returning the item for rent in the condition it was given to them, excluding normal wear and tear excepted. You acknowledge and agree that, as a 10 Wooster member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you allow to wear the item while in your possession. In the event that a Lender claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged item. If an is lost or destroyed, the Lender’s sole remedy will be to accept from the Borrower the equivalent cash value for such item. This will be the market value which is determined based on age, depreciation and online channels where the items is available for sale. In such an incident, Borrower will be notified of the claim and given forty eight (48) hours to respond, after which the payment will be charged to and taken from the credit card or PayPal account on file in her 10 Wooster account. 10 Wooster also reserves the right to charge the credit card or PayPal account on file in your 10 Wooster account, or otherwise collect payment from you and pursue any avenues available to 10 Wooster. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the item for rent to the applicable Lender or to 10 Wooster (if applicable).
Both Borrowers and Lenders agree to cooperate with 10 Wooster in good faith, and to provide 10 Wooster information and take actions as may be reasonably requested by 10 Wooster, in connection with any complaints or claims made by Borrowers relating to items for rent (including, without limitation, payment requests made under the 10 Wooster Owner Guarantee) or with respect to any investigation undertaken by 10 Wooster or a representative of 10 Wooster regarding use or abuse of the Site, Application or the Services. If you are a Borrower, upon 10 Wooster’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, at no cost to you, which process may be conducted by 10 Wooster or a third party selected by 10 Wooster.
Borrowers may choose to purchase insurance through 10 Wooster and absolve themselves for liability in the case of accidental damage. However, insurance will not cover instances where the item disappears (unless an adequate cause and reason is provided to 10 Wooster). Insurance will not cover cases in which willful damage and neglect are determined.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that 10 Wooster is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 10 Wooster of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
7.Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of 10 Wooster used herein are trademarks or registered trademarks of 10 Wooster. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
8. Account Cancelation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Site, Application and/or Services, and (b) deactivate or cancel your 10 Wooster account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you, which we are legally obligated to pay you. In the event 10 Wooster terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your 10 Wooster account you will remain liable for all amounts due hereunder.
You may cancel your 10 Wooster account at any time sending an email to info@10 Wooster.com. Please note that if your 10 Wooster account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback. In each of these cases, the Terms will terminate, including your license to use the Services. However, in the event of cancelation by either party, 10 Wooster retains the right to collect or send to collections any unpaid rental and shipping fees and penalties for damaging items borrowed on the 10 Wooster platform.
9. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you agree that you will not:
o Harass any user of our Site. Harassment includes repeatedly asking a member to sell or lend their items after being told no.
o Sell, disseminate or provide to any other party any personally identifiable information about users other than for purposes of transacting as a 10 Wooster Member;
o Offer, as a Lender, any item for rent that you do not yourself own or have permission to rent.
o As Lender, misrepresent an item you are making available for rent. Misrepresentation includes not disclosing damages and imperfections, and listing the wrong brand or size. o Register for more than one 10 Wooster account or register for a 10 Wooster account on
behalf of an individual other than yourself;
o Recruit or otherwise solicit any Lender or other Member to join third party services or
websites that are competitive to 10 Wooster, without 10 Wooster’s prior written
o Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your
affiliation with any person or entity;
o Use the Site, Application and Services to find an Lender or Borrower and then
circumvent the Terms or complete a booking of an item for rent transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees;
o As an Lender, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
o Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
10. Ownership of Content
By submitting content to the Platform, you are warranting that you are the exclusive
author or owner of that content and you are responsible for ensuring that the materials
you upload to the Platform do not infringe any third party copyright. You grant 10
Wooster and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free
license and right to copy, transmit, distribute, publicly perform and display (through all
media now known or hereafter created), and make derivative works from your content.
In addition, you waive any so-called “moral rights” in your content (including, without
limitation, the right to be identified as the author). You further grant all users of the
Platform permission to view your content for their personal, non-commercial purposes.
10 Wooster shall have the right to use your suggestions on improving or adding new
features without any compensation or credit to you. 10 Wooster reserves the right to
use content you provided on its site on social media channels and digital
We may assign and/or sub-license the above license to our affiliates and successors
without any further approval by you. We have the right, at our sole discretion, to
disclose your identity to any third party who is claiming that any content posted or
uploaded by you to the Platform constitutes a violation of their intellectual property rights
or of their right to privacy or any other law.
You agree to indemnify and hold 10 Wooster LLC and its officers, directors,
shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party
partners harmless from any claim or demand, including reasonable attorneys' fees, due
to or arising out of (a) your use of the Platform, (b) a breach of any term of these Terms
any law or infringes on any third party right including intellectual property or privacy
right, (d) interaction among users of the Platform or (e) Meetings arranged via the
12. Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have
the right to submit the content to the Platform and grant the licenses set forth above; (ii)
10 Wooster will not need to obtain licenses from any third party or pay royalties to any
third party; (iii) the content does not infringe any third party’s rights, including intellectual
property rights and privacy rights; and (iv) the content complies with this Agreement and
all applicable laws.
13. Reporting Misconduct
If you participate in a Meeting or the arrangement of a Meeting with a user who has
acted inappropriately including without limitation a user who (a) engages in offensive,
violent or sexually inappropriate behavior, (b) you suspect of stealing from you or (c)
engages in other disturbing conduct, you should immediately report such person to the
appropriate authorities and then to 10 Wooster by providing us with your police report
number; provided, however, that your report will not obligate us to take any action
beyond that required by law (if any) or cause us to incur any liability to you.
We may collect information including but not limited to the following about you and your
use of our website, platform and service (together, our "Platform") in order to create a
better, more personalized experience for you or for internal research purposes: - We collect your email address, your phone number, your name (if provided) a
password selected by you, your address and zip code, pictures and data that may be
selected or entered by you through the Platform, or retrieved from other 3rd party sites.
- Whenever you voluntarily disclose personal information on publicly-viewable screens
or pages, that information will be publicly available and can be collected and used by
others. For example, if you post your email address, you may receive unsolicited
messages. We cannot control who reads your posting or what other users may do with
the information you voluntarily post, so we encourage you to exercise discretion and
caution with respect to posting your personal information.
- You may also (but are not required to) provide information about yourself (such as
your location, URL, pictures, or a biography). Any additional image or information you
provide will be publicly displayed.
- We automatically track certain information about our members including but not limited
to internet protocol (IP) addresses, browser type, internet service provider (ISP),
referring/exit pages, click patterns, etc.), your mobile device's unique ID number, your
mobile device's geographic location while the app is actively running, your computer's
IP address, technical information about your computer or mobile device (such as type of
device, web browser or operating system), your preferences and settings (time zone,
language, privacy preferences, product preferences, etc.), the URL of the last web page
you visited before coming to one of our sites, the buttons, controls and ads you clicked on (if any), how long you used the Platform and which services and features you used,
the online or offline status of the Platform.
- Please be careful about posting sensitive details about yourself on your profile. While
you may voluntarily provide this information to us when you create your profile, there is
no requirement to do so. Please remember that photographs that you post on the
Platform may reveal these kinds of sensitive personal data. Where you do upload and
choose to tell us sensitive information about yourself, you are explicitly consenting to
our processing your information and making this public to other users.
- We collect information including but not limited to postings you make on the public
areas of our website, messages you send to us, and correspondence we receive from
other members or third parties about your activities or postings on our website.
Upon your request, we will deactivate your account and remove your personal
information from publicly available sections of the Platform. To make this request, email
info@10Wooster.com. Upon our receipt of your request, we will deactivate your account
and remove your personal information as soon as reasonably possible from publicly
available sections of the Platform in accordance with our deactivation policy and
applicable law. Nonetheless, we will retain in our files information you may have
requested us to remove if, in our sole discretion, retention of the information is
necessary to resolve disputes, troubleshoot problems or to enforce the Terms of
Service Agreement. Furthermore, your information may never be completely removed
from our databases due to technical and legal constraints (for example, we may not
remove your information from our back up storage).
The Platform may contain links to other websites that we believe may be of interest or
use to you. We provide these links solely as a convenience to you. Please note that our
Privacy and information collection sections do not apply to other websites. We take no
responsibility for and incur no liability for other websites’ collection, use or sharing of
information. Please review the privacy policies provided by each website linked to the
Platform to familiarize yourself with the procedures of such websites.
15. Dispute Resolution
You and 10 Wooster LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and 10 Wooster LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and 10 Wooster LLC. otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and 10 Wooster LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Disclaimers and Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative, legal and arbitrator fees will be solely as set forth in the AAA Rules.