PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY 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, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Pregame Rentals provides an online platform that connects owners of tailgating equipment (“Gaters”) with visiting fans (“Tailgaters”). Pregame Rentals is accessible online at pregamerentals.com (“the Services”). By accessing or using the Services, including by communicating with us or other Pregame Rentals users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services.
These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Pregame Rentals. Pregame Rentals reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your account. If you have any questions for us concerning this Agreement or Pregame Rentals generally, please contact us at firstname.lastname@example.org.
Our Services are intended solely for persons who are 18 or older. Any use of the Services by anyone under 18 is expressly prohibited.
A person interested in becoming a Gater must fill out the form provided on our website and use the upload link to post photos of the equipment package being offered. Thereafter, Pregame Rentals will create Gater Profile to be made available online for any and all games/venues/events where the Gater is interested in renting out equipment. Gater Profiles will be posted to the website only after the Gater has reviewed and approved the profile.
Game Day Responsibilities
Gaters, once retained for an event, are responsible for all aspects necessary for providing everything agreed upon in advance with the Tailgater. This may include a vehicle (which should remain locked while the Tailgater uses the tailgating equipment), parking pass, agreed upon food and non-alcoholic beverages, canopy, grill with charcoal or gas, chimney/lighter fluid, lighter, utensils, oven mitts, towels, folding table w/table cloth, napkins, plates and cutlery, ice chests, bags of ice, cups, Blue Tooth compatible, battery powered speaker, camping chairs, condiments, side dishes, trash can, games and, maybe, a football.
Only professionally prepared and packaged foods may be provided. Gaters are also responsible for parking fees and insuring that the vehicle is parked in an area in which tailgating is permitted. If the Gater fails to park in an area of the lot in which tailgating is permitted, they will not be paid for their services and the Tailgater will be refunded their fees in full.
Gaters should greet the Tailgater(s), explain to them how to use any and all equipment, and inspect the vehicle and the equipment with them to identify any existing damage or issues of which they may need to be aware. Tailgaters are instructed to take photos to ensure that any claims made after the event can be settled in a fair manner. Gaters may pick up their vehicle and equipment as soon as the game begins.
Whether Gater or Tailgater, you agree that you will always use your account and the Services in compliance with the Terms of this Agreement, applicable law, and any other policies and standards provided to you by Pregame Rentals. As a Gater, you commit that you will provide all agreed-upon items to the Tailgater, provide equipment that is safe and in good condition and on time to the Tailgater.
As Tailgater, you commit that will treat all equipment well and will take all reasonable measures to return equipment in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law of any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court.
You also commit to NOT post false, inaccurate, misleading, defamatory, or libelous content on our website; harass or threaten any Pregame Rentals Gaters or Tailgaters; or submit any false information including, but not limited to, offering any vehicle or equipment that you do not yourself own or have authority to rent.
As set forth more fully below, you agree that Pregame Rentals is not liable for any damage to equipment or other items provided in connection with its services nor is it liable for damage to any vehicle used to transport the equipment.
Any disputes regarding property damage must be worked out between the Gater and Tailgater. Pregame Rentals makes no guarantees as to the suitability of the equipment and shall not be liable to a Tailgater should the equipment package purchased not meet with his/her/their expectations.
LIABILITY, DISCLAIMERS AND WARRANTY OF OUR SERVICES
PREGAME RENTALS PROVIDES SERVICES THAT ENABLE TAILGATE EQUIPMENT RENTALS BETWEEN OWNERS AND RENTERS. EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE, AND TO THE EXTENT NOT PROHIBITED BY LAW, ALL SERVICES AND OTHER INFORMATION PROVIDED BY OR ON BEHALF OF PREGAME RENTALS, ARE FURNISHED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ESPECIALLY AS TO QUALITY, RELIABILITY, TIMELINESS, USEFULNESS, SUFFICIENCY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY PREGAME RENTALS. PREGAME RENTALS SHALL NOT BE LIABLE FOR ANY DAMAGE TO ANY EQUIPMENT OR OTHER ITEM PROVIDED BY A GATER TO A TAILGATER NOR IS IT LIABLE FOR DAMAGE TO ANY VEHICLE USED TO TRANSPORT THE EQUIPMENT.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PREGAME RENTALS FOR ANY CLAIM AGAINST IT, INCLUDING ANY CLAIM FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO THE AMOUNT YOU PAID PREGAME RENTALS TO USE THE SERVICES. CONSEQUENTLY, THE AGGREGATE LIABILITY FOR DAMAGES OF PREGAME RENTALS, ITS EMPLOYEES OR AGENTS, FOR ANY AND ALL CLAIMS (WHETHER IN TORT, CONTRACT, OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF SERVICES PROVIDED BY PREGAME RENTALS SHALL NOT EXCEED THE AMOUNTS THE CUSTOMER ACTUALLY PAID TO PREGAME RENTALS FOR USE OF SUCH SERVICES.
UNDER NO CIRCUMSTANCES SHALL PREGAME RENTALS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF ITS SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM THE NEGLIGENCE OF PREGAME RENTALS OR THE INABILITY TO USE OUR SERVICES.
AS AN ON-LINE SERVICE PROVIDER, PREGAME RENTALS IS RELIANT ON TECHNOLOGY TO PROVIDE ITS SERVICES. DUE TO CIRCUMSTANCES BEYOND ITS CONTROL, THOSE SERVICES MAY BECOME TEMPORARILY UNAVAILABLE AND PREGAME RENTALS MAKES NO WARRANTY THAT THE FUNCTIONALITY OF ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN THE EVENT THAT THE SERVICES PROVIDED BY PREGAME RENTALS ARE UNAVAILABLE FOR ANY REASON, PREGAME RENTALS TAKES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY SUCH INTERRUPTION.
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Pregame Rentals and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of equipment, or creation of a listing for equipment; or the use, condition, or rental equipment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of tailgating equipment.
GOVERNING LAW AND DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and you hereby submit to the exclusive jurisdiction of the California courts. Any dispute relating in any way to Pregame Rentals in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in the Superior Court of California, County of Placer, and you consent to exclusive jurisdiction and venue in such court.