TERMS OF SERVICE

 

THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE READ THEM CAREFULLY AND NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER. Welcome to Neileon Inc., operating as Neileon.com (hereafter referred to as “Neileon”, “we”, “us” or “our”), a peer-to-peer Asset or Equipment rental marketplace connecting Owners with Renters and Crew via its online platform accessible at Neileon.com (collectively referred to as the “Site”) with any other products or services made available by Neileon, all of which collectively referred to as the “Service”. The Service includes our web site, web widgets, feeds, mobile device software applications (the "Neileon Software"), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Neileon. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and to the collection and use of your information as set forth in the Neileon Privacy Policy whether or not you are a registered user of our Service. Moreover, these Terms govern your access to and use of the Service and all Collective Content and constitute a binding legal agreement between you and Neileon. Please read carefully these Terms and our Privacy Policy. Moreover, we reserve the right to amend these Terms at any time by notifying you as stipulated in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend these Terms, you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. These Terms apply to all visitors, users, members and others who access the Service (collectively, "Users"). PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT NEILEON IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN RENTERS, OWNERS, CREW, OR NEILEON APPROVED AFFILIATES, INCLUDING, BUT NOT LIMITED TO, MARINAS, HANGARS, TRACKS, MECHANICS, TECHNICIANS, ASSET OR EQUIPMENT MANAGEMENT SERVICES, OR OTHER SERVICE PROVIDERS ON NEILEON (COLLECTIVELY, “AFFILIATES”), NOR IS NEILEON A TRANSPORTATION SERVICE, AGENT OR INSURER. NEILEON HAS NO CONTROL OVER THE CONDUCT OF RENTERS, OWNERS OR AFFILIATES OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

 

Use of Service


Key Terms

 “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Service. “Neileon Content” means all Content that Neileon makes available through the Site, Application, or Service, including any Content licensed from a third party, excluding Member Content. “Collective Content” means Member Content and Neileon Content. “Listing” means an Asset or Equipment that is listed by an Owner as available for rental via the Service. “Member” means a person who completes Neileon’s account registration process, including, but not limited to Asset or Equipment Owners, Renters and Crew. “Asset” means marine vessels, aircrafts, motor vehicles, motorized snow vehicles. “Equipment” means non-motorized equipment. “Owner” means a Member who creates a Listing via the Service. “Renter” means a Member who requests a booking of an Asset or Equipment via the Service. “Crew” means a Member who is hired by a Renter to operate the Asset or Equipment via the Service. “Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), harmonized sales taxes (HST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Service (and your access to or use of certain aspects of the Service or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Service, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Service. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICE, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

Referral Program

As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, you may participate in the “Referral Program", which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Neileon for which a Qualifying Referral (defined below) is completed, you may be able to receive Neileon Credits (defined below) (each a “Referral Reward"). “Neileon Credits" are “reward points" that may be applied as credits toward future confirmed bookings made by Members via Neileon.com.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “ Qualifying Referral"): (i) you must log in to your Neileon Account on the Site and select either the “Invite Friends on Facebook" or “Invite Friends on Twitter" link; (ii) you must share the link provided with friends, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Neileon to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Neileon Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Asset or Equipment which is confirmed by the Owner or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least two hundred dollars ($200) that is not subsequently cancelled. Please note that you may not be the Owner or the Renter for the booking to receive a Referral Reward.

Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Neileon Account in a reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your user Account page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Neileon Account. Referral Rewards accrued in multiple Neileon Accounts may not be combined into one Neileon Account. You may not earn Referral Rewards by creating multiple Neileon Accounts. By acquiring Referral Rewards, you agree and acknowledge that Neileon is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Neileon Accounts.

Specific Terms Regarding Neileon Credits

Neileon Credits may only be redeemed for confirmed bookings via the Site and after you accrue Neileon Credits, such Neileon Credits will be automatically applied to your next confirmed booking made via the Site. You may only redeem Neileon Credits after the Neileon Credits are reflected in your Neileon Account. The scope, variety, and type of services and products that you may obtain by redeeming Neileon Credits can change at any time.

Neileon Credits expire one (1) year from the date that any Neileon Credits are last accrued in your Neileon Account. Neileon will notify you at the email address you provided during Account registration within thirty (30) days of when the Neileon Credits in your Neileon Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Neileon Credits, please contact us via a support ticket. Neileon may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Neileon's sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Neileon Credits.

Without limiting any other terms of these Terms and subject to applicable law, all Neileon Credits are forfeited if your Neileon Account is terminated or suspended for any reason, in Neileon's sole discretion, or if Neileon discontinues providing the Site or the Referral Program.

Modification

NEILEON RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THE SERVICE OR TO MODIFY THESE TERMS, INCLUDING THE SERVICE FEES, AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE MODIFY THESE TERMS, WE WILL POST THE MODIFICATION ON THE SERVICE OR PROVIDE OUR MEMBERS WITH NOTICE OF THE MODIFICATION. WE WILL ALSO UPDATE THE “LAST REVISED” DATE AT THE TOP OF THESE TERMS. BY CONTINUING TO ACCESS OR USE THE SERVICE AFTER WE HAVE POSTED A MODIFICATION ON THE SERVICE OR HAVE PROVIDED OUR MEMBERS WITH NOTICE OF A MODIFICATION, OUR MEMBERS ARE INDICATING THAT THEY AGREE TO BE BOUND BY THE MODIFIED TERMS. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO OUR MEMBERS, THEIR ONLY RECOURSE IS TO CEASE USING THE SERVICES.

Other Policies

You agree that you will comply with all written Neileon rules, policies and procedures that are made available by Neileon on the Service and that are incorporated herein by reference. These include, without limitation: our Terms, our Privacy Policy, our Owner Policy, our Renter Policy, our Fees Policy, our Cancellation Policy and our Eligibility Policy, or any other policies posted on the Service from time to time.

Eligibility

This Service is intended solely for persons who are eighteen (18) years or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The minimum age to rent or operate an Asset or Equipment is (18) years old. By accessing or using the Service you represent and warrant that you are 18 or older. The Service is not available to any Users previously removed from the Service by Neileon, unless Neileon has given you written notice of reinstatement. All Users must pass our Eligibility Requirements and must provide all necessary documentation for determining eligibility throughout the use of the Service as may be determined by Neileon at its sole discretion. You acknowledge and agree that Neileon may change its Eligibility Requirements at any time and for any reason.

The Service

The Service can be used to facilitate the listing and booking of Asset or Equipment. Such Asset or Equipment are included in Listings on the Service by Asset or Equipment Owners. You may view Listings as an unregistered visitor to the Service; however, if you wish to book an Asset or Equipment or create a Listing, you must first register to create a Neileon Account (defined below). As stated above, Neileon makes available a platform or marketplace with related technology for Renters, Asset or Equipment Owners and Crews to meet online and arrange for Asset or Equipment rental bookings. Neileon is not an owner or operator of Asset or Equipment, nor is it a provider of Asset or Equipment, and Neileon does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Asset or Equipment, or provide transportation or travel services. Neileon’s responsibilities are limited to: (i) facilitating the availability of the Service and (ii) serving as the limited agent of each Owner and Crew for the purpose of accepting payments from Renters on behalf of the Owner and the Crew, respectively. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE ASSET OR EQUIPMENT RENTAL BOOKINGS. Neileon CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ASSET OR EQUIPMENT. NEILEON IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ASSET OR EQUIPMENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S, OWNER’S AND CREW’S OWN RISK, WHETHER OR NOT AFFILIATES ARE INVOLVED.

Account Registration

In order to access certain features of the Service, and to book an Asset or Equipment or create a Listing, you must register to create an account (“Member Account”) and become a Member. You may register to join the Service directly via the Service or as described in this section. You can also register to join by logging into your account with certain third party social networking sites including, but not limited to, Facebook. Each such account, a “Third Party Account” or “TPA”, shall be created via our Service, as described below. As part of the functionality of the Service, you may link your Member Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Member through the Service; or (ii) allowing Member 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 Member and/or grant Member access to your Third Party Account (including, but not limited to, the 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 Member to pay any fees or making Member subject to any usage limitations imposed by such third party service providers. By granting Member access to any Third Party Accounts, you understand that Member will access, make available and store (if applicable) any content that you have provided and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Member Account and Member Account profile page. Unless otherwise specified in these Terms, all TPA 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 Member Account on the Site, Service and Application. Please note that if a Third Party Account or associated service becomes unavailable or Member’s access to such Third Party Account is terminated by the third party service provider, then TPA Content will no longer be available on and through the Site, Service and Application. You have the ability to disable the connection between your Member Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE TPA SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH TPA SERVICE PROVIDERS. NEILEON makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Member is not responsible for any TPA Content. We will create your Member Account and your Member Account profile page for your use of the Service based upon the personal information you provide to us or that we obtain via a TPA as described above. You may not have more than one (1) active Member 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. Neileon reserves the right to suspend or terminate your Member Account and your access to the Service if you create more than one (1) Member 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 will take sole responsibility for any activities or actions under your Member Account, whether or not you have authorized such activities or actions. You will immediately notify Neileon of any unauthorized use of your Member Account.

Neileon Accounts

As pointed out in the previous section, in order to rent an Asset or Equipment from another User or list an Asset or Equipment for rent or offer professional services on Neileon, you will need to apply for a “Member Account”. By applying for a Member account, you give us permission to disclose the information you provide on your application to third parties for verification purposes, and to obtain additional information about you. Neileon may accept or reject Member account applications in our sole discretion for any reason. If you are accepted for a Member account, you acknowledge and agree to abide by the Eligibility Requirements that are applicable to your account. Users with a Member account are collectively referred to in these Terms as "Members”. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Each transaction in which a Renter rents an Asset or Equipment from an Owner via the Service is referred to in these Terms as a "Rental". Your Member account is for your personal use only. You may not create a Member account on behalf of a business or entity unless the Asset or Equipment is corporately owned. Unless you have a written proof of approval on hand (granting Neileon the right, but not the obligation to request it at any point in time), you may not use another Member's account, permit anyone else to use your Member account, or assign or otherwise transfer your Member account to any other person or entity. When applying for and creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the duration of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Neileon immediately of any breach of security or unauthorized use of your account. Neileon will not be liable for any losses caused by any unauthorized use of your account. You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Neileon your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Neileon your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements or offers. However, it will not prevent Neileon from sending you messages from other Users with regard to Rentals.

Asset or Equipment Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Asset or Equipment to be listed, including, but not limited to, the value, location, size, features, availability of the Asset or Equipment, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Service. Other Members will be able to book your Asset or Equipment via the Service based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Asset or Equipment, the price for such booking may not be altered without contacting customer service. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, an Asset or Equipment in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Asset or Equipment included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, airline regulations, air traffic control regulations, zoning laws, hangar regulations, marina regulations, track regulations, and laws governing rentals and operation of Asset or Equipment and (b) not conflict with the rights of third parties. Please note that Neileon assumes no responsibility for an Asset or Equipment Owner’s compliance with any applicable laws, rules and regulations. Neileon reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Neileon, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service. You understand and agree that Neileon does not act as an insurer or as a contracting agent for you as an Owner or a Crew. If a Renter requests a booking of your Asset or Equipment and uses your Asset or Equipment or requests Crew service to operate an Asset or Equipment, any agreement you enter into with such Renter is between you and the Renter and Neileon is not a party thereto. Notwithstanding the foregoing, Neileon serves as the limited authorized agent of the Owner and the Crew for the purpose of accepting payments from Renters on behalf of the Owner and the Crew and is responsible for transmitting such payments to the Owner or the Crew. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Asset or Equipment, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Asset or Equipment. Any Member wishing to book Asset or Equipment included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. If you are an Owner, Neileon makes certain tools available to you to help you make informed decisions about which Members you choose to confirm for booking in regard to your Asset or Equipment. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

Crews

In order to ensure safety and a memorable experience Neileon requires that a certified be hired and operate any and all Neileon listed vessels. In line with such requirement, Neileon provides listings of available Crews which can be hired by the Renter. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ASSET OR EQUIPMENT. NEILEON CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR OFFERINGS FOR SERVICE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ASSET OR EQUIPMENT, CREWS OR OTHER AFFILIATES OR SERVICE PROVIDORS. NEILEON IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ASSET OR EQUIPMENT AS WELL AS ANY INFORMATION PUBLISHED BY AFFILIATES. ACCORDINGLY, ANY BOOKINGS AND SERVICE AGREEMENTS WILL BE MADE AT THE RENTER'S, OWNER’S AND CREW’S OWN RISK.

No Endorsement

Neileon does not endorse any Members or any Asset or Equipment. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by the Neileon policies, we will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Neileon with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Service regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Neileon regarding the remittance of payments received from a Renter by Neileon on behalf of an Owner or a Crew, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

 

Bookings and Financial Terms

If you are an Owner and a booking is requested for your Asset or Equipment via the Service, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Neileon in its sole discretion) or the booking request will be automatically canceled. When a booking is requested we will share with you a link to the Renter’s and the Crew’s Neileon Account profile pages, so that you can view relevant information before confirming or rejecting the booking. When a booking is confirmed via the Service, we will share with you the first and last name, as well as the contact information of both the Crew and the Renter who has requested the booking. If you are a Crew and there is a hire request via the Service, you will be required to either confirm or reject the hire request within 24 hours of when the hire request was submitted (as determined by Neileon in its sole discretion) or the hire request will be automatically canceled. When a hire request has been submitted we will share with you a link to the Renter’s and the Owner’s Neileon Account profile pages, so that you can view relevant information before confirming or rejecting the hire request. When a booking is confirmed via the Service, we will share with you the first and last name, as well as the contact information of both the Owner and the Renter who has requested the booking. If the Owner and/or the Crew do not respond to a Renter’s booking/hire request within a 24-hour period, that booking/hire request will be automatically cancelled. When a booking/hire request by a Renter is confirmed, Neileon will send an email, text message or message via the Service confirming such booking, depending on the selections the Owner and the Crew make via the Service. As per Fee and Commission Policy, the fees displayed in each Listing are collectively called “Service Fees” and are comprised of the Owner Service Fees and the Renter Service Fees. Where applicable, Taxes may be charged in addition to the Owner Service Fees and Renter Service Fees. The Owner Service Fees, the Renter Service Fees and applicable Taxes are collectively referred to in these Terms as the “Service Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Asset or Equipment that are actually collected by Neileon are the “Owner Service Fees”. Please note that the Owner and not Neileon is the party responsible for determining such fees. The Owner Service Fees include the Asset or Equipment fee and may include the cleaning fees, refueling charges, or additional costs, at the Owner’s discretion. Neileon charges a fee to Renters based upon a percentage of applicable “Total Service Fees”. The Service Fees are added to the actual “Asset or Equipment Fees” to calculate the “Total Service Fees” (which will also include applicable Taxes) displayed in the applicable Listing. Neileon will collect the total payment at the time of booking confirmation (i.e. when both the Owner and the Crew confirm the booking within 24 hours of the booking request). Neileon will subsequently initiate payment, less Neileon’s Service Fees (defined in the Fee and Commission Policy) to the Owner 24 hours after the Renter returns the applicable Asset or Equipment (except to the extent that a refund is due to the Renter).

Appointment of Neileon as Payment Agent

Each Owner and Crew hereby appoints Neileon as the Owner’s limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner and the Crew. Each Owner agrees that payment of Asset or Equipment fees made by a Renter to Neileon shall be considered the same as a payment made directly to the Owner and the Owner will make the Asset or Equipment available to the Renter in the agreed time upon manner as if the Owner has received the Asset or Equipment Fees. Each Owner and Crew agrees that Neileon may, in accordance with the cancellation policy undersigned by the Owner and the Crew and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Fees specified in the applicable Cancellation Policy. In accepting appointment as the limited authorized agent of the Owner, Neileon assumes no liability for any acts or omissions of the Owner. Registered Neileon Affiliates appoint Neileon as the Affiliate’s limited agent solely for the purpose of collecting payments made by Owner’s on behalf of the Affiliate for products and services provided by the Affiliate. Each Affiliate agrees that payment of fees made by an Owner to Neileon shall be considered the same as a payment made directly to the Affiliate. Please note that Neileon does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Neileon reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Service. Please note that Neileon will provide notice of any such additional fees via the Service, prior to implementing such fees.

Booking and Financial Terms for Renters

The Owners and the Crews, not Neileon, are solely responsible for honoring any confirmed bookings and making available any Asset or Equipment reserved through the Service. If you, as a Renter, choose to enter into a transaction with an Owner and a Crew for the booking of an Asset or Equipment, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Asset or Equipment imposed by the Owner. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements, and that Neileon is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Fees to the applicable Owner and the Crew, Neileon disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Neileon is not a party to the agreement between you and the Owner/Crew, Neileon acts as the Owner’s/Crew’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. You agree to pay Neileon for the fees and deposit for any booking requested in connection with your Member Account if such requested bookings are confirmed by the applicable Owner and the applicable Crew. In order to establish a booking pending the applicable Owner’s and the applicable Crew’s confirmation of your requested booking, you understand and agree that Neileon, on behalf of the Owner and the Crew, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for the fees and deposit or (ii) charge your credit card or other payment method for the entire rental amount plus applicable deposit. Once Neileon receives confirmation of your booking from the applicable Owner and the applicable Crew, Neileon will collect the fees and deposit in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Neileon cannot control any fees that may be charged to a Renter by his or her bank related to Neileon’s collection of the fees and deposit, and Neileon disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card and other payment information either to Neileon or its third party payment processor. You agree to pay Neileon for any confirmed bookings made in connection with your Member Account in accordance with these Terms by one of the methods described on the Site or Application. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Neileon or indirectly, via a third party online payment processor or by one of the payment methods described on the Service. You also authorize Neileon to charge your credit card in the event of damage caused on an Asset or Equipment or for other fees outlined in the fee and commission policy. If you are directed to Neileon’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Neileon includes a security deposit in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of an Asset or Equipment, Neileon will, in its capacity as the payment agent of the Owner, either charge the Renter’s credit card or use its commercially reasonable efforts to obtain a pre-authorization of the Renter’s credit card in the amount determined for the Security Deposit within a reasonable time prior to the Renter’s check-in at the applicable Owner’s Asset or Equipment. Neileon will also use its commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Neileon is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees and Rules

In consideration for providing the Service, Neileon collects service fees from Owners and Renters (“Service Fees”). Service Fees are made up of two (2) components: (i) Renter Service Fees and (ii) an Owner Service Fee charged to the Owner based upon a percentage of the amount of the Asset or Equipment Fees. Where applicable, Taxes may also be charged in addition to the Owner Service Fees. Owner Service Fees are deducted from the Total Service Fees before remitting the Asset or Equipment Fees to the Owner, within 24 hours of when the Renter returns the applicable Asset or Equipment. Renter Fees are, as noted above, also included in the Total Fees. Balances will be remitted by Neileon to Owners and Crews through direct deposit or other payment methods described on the Service, in US dollars. More information on Services Fees can be found in the Fee and Commission Policy. Except as otherwise provided herein, Service Fees are non-refundable.

 

 

GENERAL BOOKING AND FINANCIAL TERMS


Fees, Billing and Payments

 

As per Fee and Commission Policy and Procedures, you agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service. Neileon reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee and Commission Policy. If you are an Owner, you may set the Rental fee for your Asset or Equipment as permitted by the Service. Neileon will adjudicate the Rental fee on your behalf, which means processing the Renters credit card, retaining a commission as set forth in our Fee and Commission Policy, distributing funds to third parties such as, but not limited to Affiliates and remitting such funds to you as provided in this section. Neileon will remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received for completed rentals. Payment shall be in the form you select when you register for the Service, or subsequently updated as permitted by the Service. Neileon reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending Neileon's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Neileon in writing within thirty (30) days of any such payment; failure to so notify Neileon shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by NEILEON. No other measurements or statistics of any kind shall be accepted by NEILEON or have any effect under these Terms.

Cancellations and Refunds

If, as a Renter, you cancel your requested booking before the requested booking is confirmed by the Owner and the Crew, Neileon will cancel any pre-authorization on your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Renter, you wish to cancel a confirmed booking made via the Service, either prior to or after arriving at the Asset or Equipment, the Cancellation Policy contained in the applicable Listing will apply to such cancellation. Our ability to refund the Asset or Equipment Fees and other amounts charged to you, along with details regarding refunds and cancellations are available via the Service in the Cancellation Policy. If an Owner or a Crew cancels a confirmed booking made via the Service, (i) Neileon will refund the fees related to such booking to the applicable Renter within a commercially reasonable time of the cancellation and (ii) the Renter may receive an email or other communication from Neileon containing alternative Listings and other related information.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Neileon cannot and does not offer tax-related advice to any Members of the Site, Application and Service. Additionally, please note that each Owner and Crew is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

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 Service and Content. In connection with your use of our Services, you may not and you agree that you will not:

violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law and Tax regulations;

use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service or Content;

use the Service for any commercial or other purposes that are not expressly permitted by these Terms;

copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

"stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Neileon Renter, Owner or a Crew;

offer, as an Owner, any Asset or Equipment that you do not yourself own or have permission to rent;

offer, as an Owner, any Asset or Equipment that may not be rented pursuant to the terms and conditions of an agreement with a third party;

register for more than one Neileon Account or register for a Neileon Account on behalf of an individual other than yourself;

contact an Owner for any purpose other than asking a question related to a booking such Owner’s Asset or Equipment or Listings;

contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, Application and Services;

when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Neileon, without Neileon’s prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use automated scripts to collect information or otherwise interact with the Service;

use the Service to find an Owner or Renter and then complete a booking of an Asset or Equipment transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Neileon’s provision of the Service;

sumbit, as an Owner, any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

post, upload, publish, submit or transmit any Content that, in Neileon’s sole judgment: (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 or criminal 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;

systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Service, or any individual element within the Services, Neileon’s name, any Neileon trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Neileon’s express written consent;

access, tamper with, or use non-public areas of the Service, Neileon’s computer systems, or the technical delivery systems of Neileon’s providers;

attempt to probe, scan, or test the vulnerability of any Neileon system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Neileon or any of Neileon’s providers or any other third party (including another user) to protect the Services or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Neileon will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Neileon may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Neileon has no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Neileon reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Neileon, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service.

 

 



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