RKCOMMUNITY TERMS OF SERVICE
Hello, and welcome to RKCommunity’s Terms of Service. Thank you for using RKCommunity! These terms apply to your access to and use of the RKCommunity Platform. Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the RKCommunity Platform, you agree to comply with and be bound by these Terms.
By “Terms” we refer to the terms of service set forth herein.
By “Platform” we refer to the RKCommunity website, RKCommunity.com, including any subdomains, processes, and technologies associated with RKCommunity.
By “Account” we refer to the sign-in account created by users accessing the Platform, where they can list, lend, or rent Items from.
By “User” we refer to all individuals or entities that access the Platform.
By “Lender” we refer to all individuals or entities that are registered on the Platform in order to lend Items via rental.
By “Premium Lender” we refer to Individuals or businesses who have agreed to pay a monthly fee to be considered Premium Lenders for purposes of use of the Platform.
By “Renter” we refer to all individuals or entities that rent Items via the platform.
By ”Rental Agreement”, we refer to the agreement made between the Lender, and the Renter, obligating the Lender to transfer the usage of the Item at the time agreed upon, and obligating the Renter to pay in exchange an amount, determined in advance or defined by the rental agreement.
By “Rent”, we refer to the payment made by the Renter to the Platform in order to enjoy usage of the Item.
By “Listing” we refer to the information published by the Lender advertising an Item available for rental.
By “Personal Information” we refer to any personally identifiable information collected through the Platform about the individual, including but not limited to the individual’s name, address, telephone number, and transactions made through the Platform.
By “Service” we refer to the Services that RKCommunity offers through its platform, including but not limited to providing an online presence to view, rent, or post Listings.
By “Minor Damage Waiver Fee” we refer to the non-waivable fee of 7.5% of the total cost of the rental Item paid by the Renter, which is in place to cover small damages that may occur in use.
By “Items” we refer to any tangible object.
This is a contract between you and RKCommunity. By accessing or using the Platform, you agree to comply with and be bound by these Terms. You may use the Platform only if you have the capacity to form a binding contract with RKCommunity. To use the Platform, you must comply with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Platform by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms. The Platform is not available to any Users previously removed from the Platform by RKCommunity. RKCommunity reserves the right to approve or reject any Users from joining or continuing to use the Platform, except as prohibited by applicable law.
B. RKCommunity Accounts
Your Account gives you access to the services and functionality of the Platform that RKCommunity maintains at its our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for all activity that occurs on your account, and for keeping your account password secure. If you open an RKCommunity account on behalf of a company, organization, or other entity, then: (i) "you" includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You may never use another User's account. You must notify RKCommunity immediately of any breach of security or unauthorized use of your account. RKCommunity will not be liable for any losses caused by any unauthorized use of your account. By providing RKCommunity your email address you consent to our using the email address to send you RKCommunity Service-related notices, including, without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the RKCommunity Service and special offers. If you do not want to receive these other messages, you may opt out or change your preferences in your Account page.
C. Changes to the RKCommunity Service
We may, without prior notice, change the Platform; stop providing the Platform or features of the Platform, to you or to Users generally; or create usage limits for the Platform.
D. User Content
Content that is submitted or posted by a User on the Platform remains the property of the User. The User understands that the content posted on the Platform is nonconfidential and nonproprietary. The User expressly grants RKCommunity a license to use all or a portion of their User Content. The User represents that any User Content they post or submit on the Platform does not violate any applicable laws. RKCommunity does not guarantee the truthfulness, accuracy or reliability of any User Content.
"RKCOMMUNITY HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST RKCOMMUNITY FOR SUCH REMOVAL AND/OR DELETION. RKCOMMUNITY IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE PLATFORM. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE PLATFORM OR ANY OTHER SITES OR PLATFORMS."
1. Non-Confidential/Non-Proprietary Notice
Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the Platform, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any RKCommunity promoted hashtag, shall be deemed nonconfidential and nonproprietary. You understand that certain portions of the Platform may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Platform, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms.
2. RKCommunity License
WE CLAIM NO OWNERSHIP RIGHTS OVER THE USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS.
However, by submitting or posting any User Content, you hereby expressly grant to RKCommunity and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, image, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the Platform and RKCommunity's (and its successors', affiliates', subsidiaries') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You also hereby grant each User of the Platform a non-exclusive license to access your User Content through the Platform, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Platform and under these Terms.
3. User Representations
By submitting or posting User Content on the Platform, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that:
- You own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
- You have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice, likeness, and/or any other identifying information, without the need for payment to you or any other person or entity;
- Your User Content and RKCommunity's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights;
- The User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files;
- RKCommunity may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
- To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.
4. Waiver of RKCommunity Responsibility
RKCommunity does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. RKCommunity acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If RKCommunity becomes aware of any User Content that allegedly may not conform to these Terms, RKCommunity may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Upon request by RKCommunity, you will furnish RKCommunity any documentation, substantiation or releases necessary to verify your compliance with these Terms. RKCommunity has no liability or responsibility to Users for performance or nonperformance of such activities.
E. User Termination
We may permanently or temporarily terminate or suspend your access to the Platform without notice and liability for any reason, including without limitation if in our sole determination you violate any provision of these Terms. Upon termination for any reason, you continue to be bound by these Terms.
RKCommunity is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within this website. While the information contained within this website is regularly updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.
A. Disclaimer of Warranties
You agree that use of the Platform and the Service is entirely at your own risk. The Platform and the Service are provided on an "as is" basis, without any warranties of any kind. To the fullest extent permitted by law, all express and implied warranties, including, without limitation to, the warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, any warranties for the security, reliability, timeliness, accuracy, and performance of the Platform, the Platform rental listings, or any rental agreement, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, RKCommunity disclaims any warranties for viruses or other harmful components in connection with the Platform or the Service.
B. Disclaimer of Agency
RKCommunity and Lenders are independent parties, each acting in its name and for its own purpose. Nothing in these Terms or other RKCommunity Policies shall be deemed to constitute, create, give effect to or recognize a partnership, agency, joint venture or formal business entity of any kind or create a fiduciary or similar relationship among the parties; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
IV. Bodily Injury and Property Damage
LENDERS AND RENTERS AGREE TO HOLD HARMLESS RKCOMMUNITY FROM ANY AND ALL LOSSES ARISING FROM OR IN CONNECTION WITH DAMAGE, LOSS (INCLUDING THEFT) OR DESTRUCTION OF ANY REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY OF THE LENDER OR RENTER, RESULTING FROM ANY RENTAL AGREEMENT MADE ON THE PLATFORM. RKCOMMUNITY WILL NOT BE LIABLE FOR ANY BODILY INJURY SUFFERED BY LENDER OR RENTER INSOFAR AS SUCH DAMAGE OR INJURY ARISES OUT OF OR IN THE COURSE OF A RENTAL AGREEMENT MADE ON THE PLATFORM.
A. User Conduct
You agree not to engage in any of the following prohibited activities: (i) downloading, copying, distributing, or disclosing any part of the Platform in any medium, including, without limitation, by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Platform in a manner that sends more request messages to the Platform than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that RKCommunity grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the RKCommunity Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations); (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Platform; (vii) collecting or harvesting any personally identifiable information, including, but not limited to, account names, from the Platform; (viii) using the Platform for any commercial solicitation purposes; (ix) interfering with the proper working of the Platform; (x) accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform; (xi) modify, disassemble, decompile or reverse engineer the Platform, except to the extent that such restriction is expressly prohibited by law; (xii) use the Platform in violation of applicable law; (xiii) bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
B. Prohibited Personal Behavior on the Platform
Users are prohibited from engaging in behaviors including, but not limited to: (i) using the Platform in violation of applicable law; (ii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (iii) selling any counterfeit or illegal Items; or (iv) harassing other Users.
C. Prohibited Items
You will not list or loan the following Items on the Platform: (i) alcohol, tobacco, drugs and drug paraphernalia; (ii) illegal Items, Items promoting illegal activity and highly regulated Items; (iii) pornography or mature content; (iv) Items that violate the intellectual property rights or other proprietary rights of any third party; (v) animals and animal products; and/or (vi) any Items that are not clean, safe, or in good and working condition. RKCommunity reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the Platform, whether or not they are included on this list of prohibited Items.
D. Disputes between Users
YOU AGREE THAT WHEN YOU LEND OR RENT AN ITEM ON THE PLATFORM, THE TRANSACTION IS SOLELY BETWEEN YOU AND THE LENDER AND/OR RENTER, AS APPLICABLE AND THAT RKCOMMUNITY IS NOT A PARTY TO THE AGREEMENT.
1. RKCommunity Monitor
In the event that a Renter and Lender are unable to resolve a dispute between them directly, they may ask RKCommunity to resolve the dispute via [email protected] RKCommunity may accept or reject such request to monitor the issue at its sole discretion. If RKCommunity accepts the request to act as a monitor, Users agree to abide by RKCommunity’s decision as final.
Renters on the Platform are responsible for the proper care of the Items they rent. Renters on the Platform are responsible for the return of Items that they rent in good condition. Renters on the platform are also responsible for the return of the Items they rent at a time specified in the rental agreement. In the event that an Item is not returned on time, Renter will be charged 10% of the total rental fee as a late fee for each day the Item is not returned. When an Item is returned and RKCommunity deems the Item to be no longer rentable due to the condition it was returned in, an internal investigation will be launched to determine the cause of the damage, and those responsible. This determination will be in RKCommunity’s sole discretion.
All Renters on the Platform agree to pay a non-refundable, non-waivable fee of 7.5% of the total cost of the rental Item. The Minor Damage Fee Waiver covers small damages Items in use may incur. Renter may remain responsible, above and beyond the Minor Damage Waiver Fee, for missing, severely damaged, stolen rental Items, or negligently damaged Items.
As a Renter on the Platform, you are responsible for having sufficient funds in your account at all times in the event that you lose or damage the rented Item. In the event of missing, severely damaged, stolen Item, or negligently damaged Items, RKCommunity, in its sole discretion, following an internal investigation, will charge the Renter an additional 75% of the total cost of the rental Items, or up to $500 of the estimated value of the rental Items.
Lenders who make Rental Agreements on the Platform are bound to pay RKCommunity the fees associated with the use of the Service. If RKCommunity discovers that Lenders are bypassing the Platform or these Terms of Service in order to avoid the obligations therein, RKCommunity reserves the right to either suspend or terminate those Accounts.
As a Lender on the Platform, you agree to pay RKCommunity a service commission fee of 15% per transaction. As a Lender, you may choose to store your Items with RKCommunity or deliver them on your own. IF YOU CHOOSE TO DELIVER THE ITEMS ON YOUR OWN, RKCOMMUNITY IS NOT RESPONSIBLE FOR ANY THEFT, OR DAMAGE INCURRED IN TRANSIT, OR ANY CONFLICT ARISING FROM YOUR INTERACTION WITH THE RENTER.
Lenders will receive payment 24 hours after the rental Item has been returned. Payment will be the total cost of the rental, minus RKCommunity’s service commission fee, and any additional transaction fees that RKCommunity incurs.
A. Premium Lender
RKCommunity offers a Premium Subscription Service to lenders and established rental businesses who wish to increase sales and revenue by accessing RKCommunnity’s tools and database. Premium Lenders may obtain additional benefits through RKCommunity which could include, but are not limited to data reports produced by the Platform, featured item listings on the Platform, ability to store items at RKCommunity’s warehouse, priority tech support, and marketing through social media. Premium Lenders may also be subjected to a monthly fee to receive the benefits listed above. To inquire about becoming a Premium Lender, please contact [email protected]
By allowing RKCommunity to store your rental Items, you are allowing RKCommunity to store your rental Items at a third party storage facility of RKCommunity’s choosing.
You therefore consent to abide by the terms and conditions of all of RKCommunity’s affiliates, service providers, and other third party facilities, in connection with the processing, managing, and holding of the Items in storage. RKCommunity does not control the terms and conditions of third party storage facilities, its affiliates, or its service providers, and you are subject to the terms and conditions of those parties as applicable. You hereby agree to indemnify RKCommunity from all actions of RKCommunity’s affiliates, service providers, and other third parties.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by RKCommunity to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, managing, and holding of the Items in storage. RKCommunity does not control the privacy policies of third party storage facilities, its affiliates, or its service providers, and you are subject to the privacy policies of those parties as applicable.
Lenders are required to obtain general liability insurance on their rental Items through the insurance offered by RKCommunity. The insurance will cover any major damage for 75% of the estimated value up to $1000 of each individual item. RKCommunity will not be responsible for natural wear and tear of Items being stored.
All Lenders who choose to use RKCommunity’s storage service will be required to undergo an inspection of the Items they use to store. In doing so, they will provide a list of all Items, costs of those Items, and condition of those Items. All Items will be scanned via barcode to keep track of inventory. RKCommunity will also keep a record of the Items’ estimated values. Due to deprecation, wear and tear, and the amount of times an Item is rented, the estimated value of an Item can decrease when stored in our storage over time. Wear and tear expectations will be calculated by a formula that takes into account the number of times that Item has been rented.
As RKCommunity prioritizes the safety and security of the Items in their storage, Lenders will not have free access to their Items in storage. By choosing to use RKCommunity’s storage, Lenders consent and understand that they must give reasonable notice, 7-14 days, to RKCommunity to access their Items.
Premium Lenders using RKCommunity’s premium subscription service agree to give at least fourteen (14) days notice to cancel any services or be subject to any applicable fines.
RKCommunity may refuse to store any Item, or may return to you any Items, at your cost, at any time, if, in RKCommunity’s sole discretion, the storage, or continued storage of the Items may present a risk to the safety of any person, the security of the storage site, or any other goods stored at the storage site.
You are responsible for the timely payment of your fees and ensuring that your storage subscription does not lapse. RKCommunity has the right to withhold and ultimately dispose of any or all Items if either you do not pay any applicable fees or any other payments due under these Terms, or you abandon your Items.
You will be responsible for all storage charges and other associated costs reasonably incurred by RKCommunity while withholding or disposing of your Items. RKCommunity will provide you with sixty (60) days written abandonment notice requiring you to pay all amounts due and contact RKCommunity to arrange for delivery of your Items to the specified location. If upon the expiration of the sixty day notice period you have failed to pay all of the amounts due, RKCommunity may withhold or dispose of any or all of your Items by sale or otherwise in compliance with the laws of the Commonwealth of Massachusetts and any applicable policies of the third party storage facility.
IX. Delivery and Pick Up
Delivery of rental Items may be fulfilled by either RKCommunity, the Lender, or third party delivery services.
RKCommunity will not deliver or return any Item to an address that was not specified on the Platform, unless both parties agreed previously in writing. RKCommunity does not guarantee that delivery of Items will be made at a specific time. RKCommunity shall not be liable for any delay in delivery, collection, or return.
RKCommunity may cancel or postpone any delivery, collection, or return of an Item in the event that we believe, in our sole discretion, that it may endanger our employees, agents, contractors or other individuals due to severe weather, earthquakes or other events outside of our reasonable control.
You acknowledge and agree that RKCommunity will not be responsible for: dismantling or assembling any unit unless expressly agreed by RKCommunity.
You consent to abide by the terms and conditions of all of RKCommunity’s affiliates, service providers, and other third parties, in connection with the processing and delivery of the transportation of the rental in the course of delivery. RKCommunity does not control the terms and conditions of third party delivery services, its affiliates, or its service providers, and you are subject to the terms and conditions of those parties as applicable. You hereby agree to indemnify RKCommunity from all actions of RKCommunity’s affiliates, service providers, and other third parties.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by RKCommunity to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing and transportation of the rental in the course of delivery. RKCommunity does not control the privacy policies of third party delivery services, its affiliates, or its service providers, and you are subject to the privacy policies of those parties as applicable. You hereby agree to indemnify RKCommunity from all actions of RKCommunity’s affiliates, service providers, and other third parties.
Lenders that choose to use RKCommunity’s storage options agree to use RKCommunity’s chosen method of delivery.
Renters will also have the option to pick up their items from a location specified between the Renter and Lender. You agree that RKCommunity is not liable for any actions in connection with the pick up of the rental.
X. Website Security
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL RKCOMMUNITY, OR ITS FUTURE PARENT, AFFILIATED, OR SUBSIDIARY COMPANIES, BE LIABLE TO YOU FOR ANY PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE.
A. Third-Party Links and Information
XI. Dispute Resolution
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ENGAGE IN ALTERNATIVE DISPUTE RESOLUTION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RKCOMMUNITY.
A. Dispute between User and RKCommunity
For any dispute between you and RKCommunity, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. Any dispute or claim relating in any way to your use of any RKCommunity Service, or to any products or rented or distributed by RKCommunity Service, if unable to be resolved informally, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
In the unlikely event that RKCommunity has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Boston, Massachusetts, unless you and RKCommunity both agree otherwise. If you are using the RKCommunity Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the RKCommunity Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section or elsewhere in these Terms or other Policies shall be deemed as preventing RKCommunity from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, or other proprietary rights.
C. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE RKCOMMUNITY SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RKCOMMUNITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
XII. Data Collection
You agree to defend, indemnify and hold harmless RKCommunity and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of: (i) your use of and access to the RKCommunity Service, including without limitation any data or content transmitted or received by you and your lending and/or borrowing of any Items; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the RKCommunity Service through your account.
XIV. Governing Law
This is a Massachusetts contract and shall be construed under and be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to the conflict of laws principles of such state. With respect to any disputes concerning federal law, such disputes shall be determined in accordance with the law as it would be interpreted and applied by the United States Court of Appeals for the First Circuit. To the extent that any court action is initiated to enforce this Agreement, the parties hereby consent to the jurisdiction of the state and federal courts of the Commonwealth of Massachusetts. Accordingly, with respect to any such court action, User (a) submits to the personal jurisdiction of such courts; (b) consents to service of process; and (c) waives any other requirement (whether imposed by statute, rule of court, or otherwise) with respect to personal jurisdiction or service of process.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RKCommunity without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
XVI. Notification Procedures and Changes to these Terms
RKCommunity may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by RKCommunity in our sole discretion. RKCommunity reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. RKCommunity is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. RKCommunity may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified' date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Platform after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Platform.
XVII. Entire Agreement/Severability
These Terms, together with any amendments and any additional agreements you may enter into with RKCommunity in connection with the RKCommunity Service, shall constitute the entire agreement between you and RKCommunity concerning the RKCommunity Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.