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Privacy policyterms of service

Cabana TERMS OF SERVICE


Last Updated: April 2, 2020


These Terms of Service ("Terms") apply to your access to and use of the websites, applications, van rental platform, van rental and other online products and services (collectively, our "Services") provided by Schumpeter Enterprises, Inc d/b/a Cabana. ("Cabana" or "we"). By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services.


If you have any questions about these Terms or our Services, please contact us at customer.service@cabana.life.

Eligibility

You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. The minimum age to rent an insured vehicle is 25 years old.


In order to rent a vehicle you must hold a current, valid (non-temporary) driver's license, and present your license to the vehicle owner when you begin your rental. You must be at least 25 years of age. You must be approved by Cabana through identity verification and other background checks that the company may require. You are required to demonstrate at least three years of current, licensed driving history and must hold a valid Driver's License. If you hold a foreign license, you must be at least 25, and you will be required to provide your passport, an international driver permit or a photograph of your current driver license. You must possess a mobile phone in your own name that we can verify through text message and you must be a registered user of GoCabana.

User Accounts and Account Security

You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly

notify us if you discover or suspect that someone has accessed your account without your permission.

Privacy

Please refer to our Privacy Policy https://cabana.life/privacy for information about how we collect, use and disclose information about you.

User Content

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, rental listings and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Cabana.


You grant Cabana and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.

When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username and profile photo) will be visible to the public.


You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.

Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:


  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user's account without authorization from that user and Cabana;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
  • Bypass or ignore instructions contained in our robots.txt file, accessible at https://cabana.life/robots.txt , that controls automated access to portions of our Services;
  • Register for more than one account through the Services or register for an account on behalf of an individual other than yourself;
  • Contact any other user through the Services for any purpose other than asking a question related to a booking of a vehicle through the Services.;
  • Recruit or otherwise solicit any other user to join third party services or websites that are competitive to Cabana, without Cabana's prior written approval;
  • Use the Services to find another user and then complete a booking of a transaction independent of the Services in order to circumvent the obligation to pay any fees related to Cabana's provision of the Services;
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences or that have the effect of misleading or making misrepresentations to other users;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party's consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose GoCabana or others to any harm or liability of any type.
  • In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the "Cabana Content") are owned by or licensed to Cabana and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Cabana and our licensors reserve all rights in and to our Services and the Cabana Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Cabana Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Cabana Content; (b) copy, reproduce, distribute, publicly perform or publicly display Cabana Content, except as expressly permitted by us or our

licensors; (c) modify the Cabana Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Cabana Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Cabana Content other than for their intended purposes. Any use of our Services or Cabana Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.


Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Cabana or our products or Services (collectively, "Feedback"), is

non-confidential and will become the sole property of Cabana. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Cabana's Designated Agent as follows:


Designated Agent: Perkins Coie


Attn: Mike Avent


Address: 1201 3rd Ave, Suite 4900


Seattle, WA 98101

Telephone Number: 206-359-8000

Fax Number: 206-359-4045

E-Mail Address: mavent@perkinscoie.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Cabana for certain costs and damages.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Cabana, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Cabana Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("C/aims")arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) any personal injury (including death) or property damage arising from your use of the Services, or (e) your conduct in connection with our Services. You agree to promptly notify Cabana Parties of any third party Claims, cooperate with Cabana Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Cabana Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cabana or the other Cabana Parties.

Disclaimers

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services, including listings for van rentals offered by other users.


Your use of our Services is at your sole risk. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Cabana does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Cabana attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Limitation of Liability

Cabana and the other Cabana Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, strict liability, warranty, or otherwise-for any indirect, consequential, exemplary, incidental, punitive or special

damages or lost profits, even if Cabana or the other Cabana Parties have been advised of the possibility of such damages.


The total liability of Cabana and the other Cabana Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.


The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Cabana or the other Cabana Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release Cabana and the other Cabana Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.


Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Cabana and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Cabana seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Cabana seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Cabana waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures ("Ru/es") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.


You and Cabana agree that any dispute arising out of or related to these Terms or our Services is personal to you and Cabana and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.


You and Cabana agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Cabana agree that for any arbitration you initiate, you will pay the filing fee and Cabana will pay the remaining JAMS fees and costs. For any arbitration initiated by Cabana, Cabana will pay all JAMS fees and costs. You and Cabana agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.


Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Cabana will not have the right to assert the claim.


You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by emailing customer.service@cabana.life. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 15.