RECREOGO, LLC

Terms of Service

Last Updated: June 20, 2018

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Recreogo, LLC, a Minnesota limited liability company (“Recreogo,” “we,” “us,” or “our”) governing your access to and use of the Recreogo website, including any subdomains thereof, and any other websites through which you access the Recreogo services (together, the “Recreogo Platform”). By accessing or using the Recreogo Platform, you agree to comply with and be bound by these Terms of Service.

1. 1. Recreogo Services

2. 1.1 The Recreogo Platform is an online marketplace that enables registered rental equipment owners (“Business Partners”) to publish Listings (“Listings”) of rental equipment (“Rental Equipment”) on the Recreogo Platform and to communicate and transact directly with Customers who wish to rent Rental Equipment (“Customers”). Business Partners and Customers are sometimes jointly referred to as “Users.” The Recreogo Platform also allows Users to provide certain kinds of content (“User Content”), subject to restrictions below. Recreogo itself makes content available on or through the Recreogo Platform, including proprietary Recreogo content and any content licensed or authorized for use by or through Recreogo from a third party ("Recreogo Content"). User Content and Recreogo Content is sometimes referred to as “Collective Content.”
3. 1.2 Recreogo provides the Recreogo Platform. Recreogo is not a party to any rental agreement between a Business Partner and a Customer. Recreogo does not own, create, sell, or manage any Listings. Business Partners alone are responsible for their Listings. When Users make or accept a rental reservation, they are entering into a contract directly with each other. Recreogo is not and does not become a party to or other participant in any contractual relationship between Users. Recreogo is not acting as an agent in any capacity for any User, except as specified in Section 6, Payments.
4. 1.3 Recreogo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or the Rental Equipment in the Listings, (ii) the truth or accuracy of any Listing descriptions, ratings, reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Recreogo does not endorse any User, Listing, or Rental Item.
5. 1.4 The Recreogo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Recreogo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Recreogo of such Third-Party Services.
6. 1.5 Due to the nature of the Internet, Recreogo cannot guarantee the continuous and uninterrupted availability and accessibility of the Recreogo Platform. Recreogo may restrict the availability of the Recreogo Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Recreogo Platform. Recreogo may improve, enhance and modify the Recreogo Platform and introduce new Recreogo Services from time to time.
7. 1.6 Subject to your compliance with these Terms, Recreogo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Recreogo Platform on your personal device(s); and (ii) access and view any Collective Content made available on or through the Recreogo Platform and accessible to you, solely for uses permitted by these Terms and the terms of any other agreement between you and Recreogo.

8. 2. Permitted Uses

9. 2.1 Limited License

   Recreogo grants Users a limited, revocable, non-exclusive license to access the Recreogo Platform and the content and services provided on the Recreogo Platform, solely for the purpose of Listing, advertising, searching for, reserving and renting a Rental Item or other products or services provided on the Recreogo Platform, or for participating in any chat room, Listing comments or otherwise interacting with other Users, subject to these Terms and the applicable Customer Agreement or Business Partner Agreement. Any other use, unless authorized by us in writing, is expressly prohibited.

10. 2.2 Limitations and Unauthorized Uses

    Without limiting Section 2.1 above, you are not permitted to, will not, and will not assist or enable others to:
    • • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or policies;
    • • use the Recreogo Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Recreogo endorsement, partnership or otherwise misleads others as to your affiliation with Recreogo;
    • • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Recreogo Platform in any way that is inconsistent with Recreogo’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Business Partners or third parties;
    • • use the Recreogo Platform in connection with the distribution of unsolicited commercial messages ("spam");
    • • offer, as a Business Partner, any Rental Item that you do not yourself own or have permission to make available through the Recreogo Platform;
    • • unless Recreogo explicitly permits otherwise, reserve any Rental Item if you will not actually be renting the rental item yourself;
    • • contact another User for any purpose other than asking a question related to your own rental reservation, Listing, or the User's use of the Recreogo Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
    • • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
    • • dilute, tarnish or otherwise harm the Recreogo brand in any way, including through unauthorized use of Collective Content, registering and/or using Recreogo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Recreogo domains, trademarks, taglines, promotional campaigns or Collective Content;
    • • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Recreogo Platform for any purpose;
    • • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Recreogo or any of Recreogo's providers or any other third party to protect the Recreogo Platform;
    • • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Recreogo Platform;
    • • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Recreogo Platform;
    • • export, re-export, import, or transfer the Recreogo Platform except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
    • • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

11. 3. Terms specific for Business Partners

12. 3.1 Eligibility and Registration

    You must register an account ("Recreogo Account") to access and use certain features of the Recreogo Platform, such as publishing a Listing. If you are registering a Recreogo Account for a company or other legal entity, you represent and warrant that (a) that company or entity is validly formed and existing and in good standing under the laws of its jurisdiction of domicile, (b) has the power to enter into and carry our this Agreement, and (c) you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms and the Business Partner Agreement.
13. 3.1.1 you can register a Recreogo Account, under our Business Partner Agreement (“Business Partner Agreement”), using an email address and creating a password. You must provide accurate, current and complete information during the registration process and keep your Recreogo Account and public Recreogo Account profile page information up-to-date at all times.
14. 3.1.2 you may not register more than one (1) Recreogo Account unless Recreogo authorizes you to do so. You may not assign or otherwise transfer your Recreogo Account to another party.
15. 3.2 Listings.
16. 3.2.1 When creating a Listing through the Recreogo Platform you must (i) provide complete and accurate information about your rental item (such as description, location, and availability), (ii) disclose any deficiencies, restrictions or requirements that apply (such as any minimum age, proficiency or other requirement) and (iii) provide any other pertinent information requested by Recreogo. You are responsible for keeping your Listing information up-to-date at all times.
17. 3.2.2 You are responsible to list your refund and cancellation terms on your Listing. You are responsible to deal with the Customer directly with respect to refunds and cancellations. See Section 7 below.
18. 3.2.3 You are solely responsible for setting a price (including any Taxes if applicable) for your rental item (“Rental Fee”). Once a Customer requests a rental reservation, you may not request that the Customer pays a higher Rental Fee than is stated in the Listing.
19. 3.2.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your rental item. Photographs should depict the rental item as the main subject of the photograph. By submitting a photograph to us, the Business Partner represents and warrants that (a) it holds all intellectual property rights to the photograph (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Recreogo Platform, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless Recreogo from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright or other rights.
21. 3.2.5 The placement and ranking of Listings in search results on the Recreogo Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Business Partner requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, reviews and ratings, and/or ease of rental reservation.

22. 3.3 Rental Agreements

    When you accept a rental reservation request by a Customer through the Recreogo Platform, you are entering into a legally binding agreement with the Customer and are required to provide your Business Partner Service(s) to the Customer as described in your Listing when the rental reservation request is made. You also agree to pay the applicable Business Partner Fee and any applicable Taxes, and to the terms of Section 6, Payments. You also commit to the cancellation policy and refund policy stated on your Listing.

23. 3.4 Rental Item Insurance

    Recreogo recommends that Business Partners obtain appropriate insurance for their rental items.

24. 3.5 Relationship with Recreogo

    If you use the Recreogo Platform as a Business Partner, your relationship with Recreogo is limited to being an independent, third party contractor, and not an employee, agent, joint venture or partner of Recreogo for any reason.

25. 3.6 Additional Business Partner Terms

27. 3.6.1 Each Business Partner represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the rental item it lists; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) it will accurately describe the subject rental item, will not fail to disclose a material defect in, or material information about, a rental item and will upon request, or otherwise from time to time, review the rental item Listing content to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny a Customer the ability to rent a listed rental item; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying rental agreement.
28. 3.6.1 If Recreogo, in its sole discretion, compensates a Customer for a loss caused by acts or omissions attributable to a Business Partner, Recreogo reserves the right to pursue the Business Partner for the amount paid or contributed towards the loss.
29. 3.6.2 You agree to cooperate with Recreogo to resolve any Customer chargebacks. If the Customer chargeback is allowed for a valid reason that arises out of any breach of this Agreement or other misconduct by you, you agree to reimburse Recreogo for the chargeback amount.
31. 3.6.3 Business Partners are solely responsible for determining their obligations to report, collect, remit or include in your Rental Fees any sales tax on the rental; and for paying their own income taxes and other taxes.
32. 3.6.4 Business Partners are responsible for credit card fees on any rentals made manually where credit or debit card payment is taken.

33. 4. Terms Specific for Customers

34. 4.1 Eligibility

    You must be at least 18 years old and able to enter into legally binding contracts to access and use the Recreogo Platform, and to register a Recreogo Account. By accessing or using the Recreogo Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

35. 4.2. Registering an Account

36. 4.2.1 You can register a Recreogo Account using an email address and creating a password, through our Customer Agreement (“Customer Agreement”).
37. 4.2.2 You must provide accurate, current and complete information during the registration process and keep your Recreogo Account and public Recreogo Account profile page information up-to-date at all times.
38. 4.2.3 You may not register more than one (1) Recreogo Account unless Recreogo authorizes you to do so. You may not assign or otherwise transfer your Recreogo Account to another party.
39. 4.3 Renting as a Guest. You may rent a Rental Item as a Guest.
40. 4.4 Binding Agreement with Business Partner.
41. 4.4.1 When you request a rental from a Business Partner through the Recreogo Platform, and that request is accepted, you are entering into a legally binding agreement with the Business Partner, and are required to pay for the Rental Item, subject to the Cancellation Policy. Braintree Payments will hold your payment for the rental and remit it to the Business Partner under Section 6, Payments.
42. 4.4.2 If you book a Business Partner Service on behalf of additional Customers, you are required to ensure that every additional Customer meets any requirements set by the Business Partner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Business Partner. If you are making a rental reservation for an additional Customer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only use a Rental Item if accompanied by an adult who is responsible for them.
43. 4.5 Damage to Rental Items. You are responsible for returning the Rental Item to the Business Partner in the condition it was in when you rented it. You are responsible for any loss or damages to any rental item you rent, or you allow anyone to use during your rental. Your responsibility to the Business Partner is as stated in your rental agreement. Recreogo recommends you consider obtaining rental insurance to protect any Rental Items. The Business Partner may, but is not required to, make rental insurance available at an extra charge.
44. 4.6 Rental Fees, Taxes, Service Fee. You are responsible for Rental Fees, Taxes and Recreogo’s Service Fee. See Section 6.

45. 5. Additional Terms Applicable to Both Business Partners and Customers

46. 5.1 Proprietary Rights

    The Recreogo Platform and all content and information on the Recreogo Platform are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Recreogo Platform. Copying, storing or otherwise accessing the Recreogo Platform or any content on the Recreogo Platform other than for a permitted use is expressly prohibited. As part of the rental inquiry or reservation process, for your own personal, noncommercial use and not for further distribution, you may download, display and/or print one copy of any Content on the Recreogo Platform. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant Content that you desire to download, display or print.

47. 5.2 Your E-mail Address and Data

    When you provide your e-mail address, name or other information to us in connection with your use or access to the Recreogo Platform, any service or tool provided on the Recreogo Platform or otherwise, you agree to allow Recreogo and its affiliated websites to add your e-mail address, name or other information provided to our database of users. You may receive one or more promotional e-mails from Recreogo or its affiliates. You may opt not to receive such promotional e-mails from Recreogo or such affiliates at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails.

48. 5.3 Confidentiality of Credentials

    You are responsible for maintaining the confidentiality and security of your Recreogo Account credentials and may not disclose your credentials to any third party. You must immediately notify Recreogo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Recreogo Account. You are liable for any and all activities conducted through your Recreogo Account; unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER RECREOGO NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR RECREOGO ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH RECREOGO AND OTHER USERS.

49. 5.4 Access to Recreogo Platform

    Recreogo may make the access to and use of the Recreogo Platform, or certain areas or features of the Recreogo Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or rental reservation and cancellation history. The access to or use of certain areas and features of the Recreogo Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Recreogo Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

50. 5.5 User Verification

    User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Business Partners to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Business Partners, (ii) screen Business Partners against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

51. 5.6 Maps

    Some areas of the Recreogo Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

52. 5.7 Content

53. 5.7.1 Recreogo may, at its sole discretion, enable Business Partners and Customers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Recreogo Platform ("User Content"); and (ii) access and view User Content and any Recreogo Content.
54. 5.7.2 The Recreogo Platform, Recreogo Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Recreogo Platform and Recreogo Content, including all associated intellectual property rights, are the exclusive property of Recreogo and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark; service mark or other proprietary rights notices incorporated in or accompanying the Recreogo Platform, Recreogo Content or User Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Recreogo Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Recreogo or its licensors, except for the licenses and rights expressly granted in these Terms.
55. 5.7.3 By creating, uploading, Listing, sending, receiving, storing, or otherwise making available any User Content on or through the Recreogo Platform, you grant to Recreogo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Recreogo Platform, in any media or platform. Unless you provide specific consent, Recreogo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
56. 5.7.4 You are solely responsible for all User Content that you make available on or through the Recreogo Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Recreogo Platform or you have all rights, licenses, consents and releases that are necessary to grant to Recreogo the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your Listing, uploading, publication, submission or transmittal of the User Content or Recreogo's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
57. 5.7.5 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Recreogo policy. Recreogo may, without prior notice, remove or disable access to any User Content that Recreogo finds to be in violation of these Terms or Recreogo’s then-current policies or standards, or otherwise may be harmful or objectionable to Recreogo, its Business Partners, Customers, third parties, or property.
58. 5.7.6 You acknowledge that Recreogo has no obligation to monitor the access to or use of the Recreogo Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Recreogo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Business Partners and Customers agree to cooperate with and assist Recreogo in good faith, and to provide Recreogo with such information and take such actions as may be reasonably requested by Recreogo with respect to any investigation undertaken by Recreogo or a representative of Recreogo regarding the use or abuse of the Recreogo Platform.

59. 5.8 Inappropriate Actions

    If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Recreogo by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

60. 6. Payments

61. Each rental payment is a transaction directly between the Business Partner and the Customer. Recreogo uses Braintree payments to process all payments made on the Recreogo Platform. Braintree payments’ terms and conditions can be found at http://www.braintreepayments.com/Recreogo Platform-map. Full payment plus tax and Recreogo’s Service Fee (“Service Fee”) are charged after both the Customer and the Business Partner accept the reservation. These funds are held in escrow by Braintree until the rental takes place. If the rental is not earlier canceled, the rental payment funds and taxes will be disbursed to the Business Partner and the Service Fee will be disbursed to Recreogo one hour after the start of the rental period.
62. We charge a Service Fee payable by Customers who book a Rental Item via the Recreogo Platform checkout. The Service Fee covers the use of the Recreogo Platform, including such features as user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the Customer and / or Business Partner, tax may be charged on top of the service fee. The exact service fee (and any tax, if applicable) charged will be displayed to Customers at the time of booking. The Service Fee will be refunded only as provided in Section 7, Refunds.
63. Business Partners agree not to encourage or advise a Customer to avoid or circumvent the Service Fee charged by Recreogo. Recreogo reserves the right to change the Service Fees at any time, and we will provide Business Partners adequate notice of any Service Fee changes before they become effective.
64. Business Partners will cooperate with Recreogo to resolve any Customer chargebacks. If the Customer chargeback is allowed for a valid reason that arises out of any breach of this Agreement or other misconduct by the Business Partner, the Business Partner agrees to reimburse Recreogo for the chargeback amount.
65. Except as otherwise provided at Section 7 or on the Recreogo Platform, Service Fees are non-refundable.

66. 7. Cancellation of Reservations; Refunds

67. 7.1 Cancellation By Customer

    A Customer can cancel a rental reservation by contacting the Business Partner directly, by telephone, e-mail or text message (if the Business Partner is equipped to accept text messages). The cancellation terms of the Business Partner, as stated in the applicable Listing, govern cancellation and refunds.

68. 7.2 Cancellation By Business Partner

    Unless otherwise provided in the Business Partner’s written cancellation policy in the Listing, a Business Partner may not cancel a rental reservation, except (a) if the rental item is lost, destroyed, or unusable through no fault of the Business Partner, (b) the weather, qualifications of the Customer, or other bona fide conditions for rental of the Rental Item would make the rental unsafe, in the reasonable discretion of the Business Partner, or otherwise in accordance any terms on the Listing. The Business Partner also reserves the right to cancel a reservation for any other reason. The Business Partner must notify the Customer as soon as possible after learning of any reason for cancellation under the previous two sentences, by telephone, or by e-mail, or by text (if both the Business Partner and the Customer are equipped to send and receive text messages). If a cancellation is made, the amount of the refund is determined by the Business Partner’s policies.

69. 7.3 Non-refundable Deposits

    A Business Partner may specify in a Listing an amount of money, not to exceed __% of the full rental fee, that is considered a non-refundable deposit (“Non-Refundable Deposit”) to secure the Rental.

70. 7.4 Refunds

    If a Rental is cancelled, by either a Customer or a Business Partner, the amount of the refund of the Rental payment is determined by the Business Partner’s refund policies for the applicable Listing. If the Business Partner allows a full refund, the Customer will receive the full refund amount, including taxes and the Recreogo Service Fee. If the Business Partner’s policies allow the Business Partner to retain a non-refundable deposit, the Customer will receive the rental amount less (i) the non-refundable deposit, (ii) the tax on the non-refundable deposit, and (i) the pro-rata portion of the Recreogo Service Fee applicable to the non-refundable deposit.

71. 8. Terms and Termination, Suspension and other Measures

72. 8.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Recreogo terminate the Agreement in accordance with this provision.
73. 8.2 You may terminate this Agreement at any time by sending written notice to Recreogo as provided in Section 14.8. If you cancel your Recreogo Account as a Business Partner, any pending confirmed rental reservation(s) will be automatically cancelled and your Customers will receive a full refund. If you cancel your Recreogo Account as a Customer, any pending confirmed rental reservation(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
74. 8.3 Without limiting our rights, Recreogo may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
75. 8.4 Recreogo may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payment Terms, your Customer Agreement or your Business Partner Agreement, or any other written policies of Recreogo in effect at the time, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Recreogo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Recreogo, its Business Partners, Customers or third parties (for example in the case of fraudulent behavior of a User).
76. 8.5 In addition, Recreogo may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, your Customer Agreement or your Business Partner Agreement, or any other written policies of Recreogo in effect at the time, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Recreogo Account registration, Listing process or thereafter, (iv) you and/or your Listings at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor ratings or reviews or Recreogo otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed rental reservations or failed to respond to rental reservation requests without a valid reason, or (vii) Recreogo believes in good faith that such action is reasonably necessary to protect the personal safety or property of Recreogo, its Business Partners, Customers or third parties, or to prevent fraud or other illegal activity:
    • • refuse to surface, delete or delay any Listings, ratings, reviews, or other User Content;
    • • cancel any pending or confirmed rental reservations;
    • • limit your access to or use of the Recreogo Platform;
    • • temporarily or permanently revoke any special status associated with your Recreogo Account; or
    • • temporarily or in case of severe or repeated offenses permanently suspend your Recreogo Account.
    In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Recreogo and an opportunity to resolve the issue to Recreogo's reasonable satisfaction. Further, we may, without notice to you, suspend or cancel your Listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your Recreogo Account or your email account is being used in an unauthorized or fraudulent manner.
77. 8.6 If we take any of the measures described above (i) we may refund your Customers in full for any and all confirmed rental reservations that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed rental reservations that were cancelled.
78. 8.7 When this Agreement has been terminated, you are not entitled to a restoration of your Recreogo Account or any of your User Content. If your access to or use of the Recreogo Platform has been limited or your Recreogo Account has been suspended or this Agreement has been terminated by us, you may not register a new Recreogo Account or access and use the Recreogo Platform through a Recreogo Account of another User.
79. 8.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

80. 9. Limitation of Liability.

81. IN NO EVENT WILL RECREOGO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, “RECREOGO”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY RECREOGO PLATFORM OF A MEMBER OF RECREOGO (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR RECREOGO PLATFORM, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE RECREOGO PLATFORM, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE RECREOGO PLATFORM, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR RECREOGO PLATFORM AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR RECREOGO PLATFORM AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
82. IF YOU ARE DISSATISFIED WITH THE RECREOGO PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE RECREOGO PLATFORM WITH RESPECT TO THESE TERMS OR THE RECREOGO PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE RECREOGO PLATFORM. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF RECREOGO, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE RECREOGO PLATFORM IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

83. 10. Disclaimers.

84. THE RECREOGO PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE RECREOGO PLATFORM, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE RECREOGO PLATFORM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE RECREOGO PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE RECREOGO PLATFORM OR ANY LINKED RECREOGO PLATFORM, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE RECREOGO PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RECREOGO PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS RECREOGO PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY LISTING INFORMATION ON THE RECREOGO PLATFORM, INCLUDING RENTAL ITEM LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

85. 11. Release; Indemnification.

86. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE RECREOGO PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE RECREOGO PLATFORM, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE EACH MEMBER OF RECREOGO, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE RECREOGO PLATFORM.
87. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
88. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF RECREOGO (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE RECREOGO PLATFORM OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE RECREOGO PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE RECREOGO PLATFORM, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
89. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

90. 12. Dispute Resolutions and Arbitration Agreement

91. 12.1 Binding Arbitration

    Any and all claims by a User against Recreogo relating to the Recreogo Platform or these Terms or any other agreement between the User and Recreogo (“Claims”) will be resolved exclusively by binding arbitration, under this Section 19. except you may assert Claims on an individual basis in small claims court if they qualify. “Claims” includes any claims you assert against us, our subsidiaries, Users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
92. 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 statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
93. 12.2 Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location. All arbitrations will be held in Hennepin County, Minnesota.
94. 12.3 By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
95. 12.4 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Recreogo, at the address listed at Section 14.8. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
96. 12.5 You and Recreogo acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Claims. Further, unless you and Recreogo both otherwise agree in writing, the arbitrator may not consolidate more than one party’s Claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Claim, then the entirety of the Arbitration Agreement will be deemed void with respect to such Claim.
97. 12.6 Jury Trial Waiver. You and Recreogo acknowledge and agree that we are each waiving the right to a trial by jury as to all Claims.
98. 12.7 Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
99. 12.8 Changes. If Recreogo changes this Section 12 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Recreogo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Recreogo in accordance with the provisions of Section 19 as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
100. 12.9 This Section 12 will survive any termination of these Terms and will continue to apply even if you stop using the Recreogo Platform or terminate your Recreogo Account.

101. 13. Modification of these Terms

     Recreogo reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Recreogo Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Recreogo Platform will constitute acceptance of the revised Terms.

102. 14. General Provisions

103. 14.1 These Terms will be interpreted in accordance with the laws of the State of Minnesota, without regard to conflict-of-law provisions.
104. 14.2 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Recreogo and you pertaining to the subject matter hereof and supersede all prior oral or written understandings or agreements between Recreogo and you regarding the access to and use of the Recreogo Platform.
105. 14.3 No joint venture, partnership, employment, or agency relationship exists between you and Recreogo as a result of this Agreement or your use of the Recreogo Platform.
106. 14.4 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
107. 14.5 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
108. 14.6 Recreogo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
109. 14.7 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Recreogo's prior written consent. Recreogo may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice.
110. 14.8 Notices. Unless specified otherwise, any notices or other communications permitted or require under this Agreement will be in writing and delivered:
     1. (a) If to a Customer, to the Customer’s registered e-mail address;
     2. (b) If to a Business Partner, to the Business Partner’s registered e-mail address; and
     3. (c) If to Recreogo, at: support@recreogo.com; or 8375 Gallery Parkway Victoria, MN 55385
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111. 14.9 We encourage you to provide feedback, comments and suggestions for improvements to the Recreogo Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Recreogo Platform, or by other e-mail to us as provided in Section 14.8. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
112. 14.10 If you have any questions about these Terms please contact us at support@recreogo.com.

Privacy Policy

Last updated: June 20, 2018

This Privacy Policy describes the information Recreogo, LLC, a Minnesota limited liability company and our affiliates (collectively, “Recreogo,” “we,” and “us”) collect when a person or business (“you,” “your”) applies or signs up for a Recreogo account. Capitalized terms not defined in this Privacy Policy have the meanings defined in our Terms of Service.

Scope and Consent

By applying or signing up for a Recreogo account, including through a computer or mobile device (“device”), you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described herein (including to contact you), and for all other purposes permitted under applicable laws, including personal information privacy statutes, anti-spam legislation, and consumer protection laws.

Amendment

We may amend this Privacy Policy from time to time by posting a revised version and updating the “Last updated” date above. The revised version will be effective at the time we post it. We will provide you with reasonable prior notice of substantial changes in how we use your information, including by email at the email address you provide. We encourage you to review this Privacy Policy whenever you access or use in any manner the Recreogo Platform and its content (collectively, “Recreogo Platform”). Your continued use of the Recreogo Platform constitutes your acceptance of any amendment of this Privacy Policy.

Children Under 13

The Recreogo Platform is not targeted or directed at children under the age of 13 and we do not knowingly collect or store any personal information from children under the age of 13.

Information You Provide

We collect information you provide when you apply or sign up for a Recreogo Account and when you provide information as part of our identity or account verification process. We may collect information about you, including:

• • Identification information, such as your name, email address, mailing address, phone number, birthdate, or driver’s license;
• • If you are a Business Partner, we may also collect your DBA, taxpayer ID numbers, date of birth of the user, and your banking information, including bank name, account names, account numbers and routing numbers; and
• • Other historical, contact, and demographic information.

We also collect information you upload to or send through the Recreogo Platform, including:

• • Information about Rental Items (including inventory, pricing and other data);
• • Information you provide about you or your business;
• • Information you provide when you participate in contests, respond to surveys, upload User Content, or otherwise communicate to us; and
• • Information you provide to another User using the Recreogo Platform.

Some of the information we collect is collected to comply with applicable laws and regulations.

Information We Collect from Your Use of the Recreogo Platform

We collect information about you when you use the Recreogo Platform, including:

• • Transaction Information. When you use the Recreogo Platform to make, accept, or request rental transactions, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, and the devices and payment methods used to complete the transactions.
• • Location Information. We collect information about the location of your device.
• • Device Information. We collect specific information about your device when you access the Recreogo Platform, including your hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with the Recreogo Platform. We may also identify other software running on the device for anti-fraud and malware-prevention purposes (but will not collect any content from such software).
• • Use Information. We collect information about how you use the Recreogo Platform, including your access time, browser type and language, and Internet Protocol (“IP”) address.
• • Information Collected by Cookies and Web Beacons. We may use various technologies to collect information when you use the Recreogo Platform, including sending cookies to your device and using web beacons.

Cookies

Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We try to make your experience with Recreogo simple and meaningful. When you access or use the Recreogo Platform, our web server may send a cookie to your device. Certain cookies we use last only for the duration of your web or application session; other cookies are used to remember you when you return to use the Recreogo Platform and last longer. We may use cookies to:

• - Remember that you have visited us or used the Recreogo Platform before. This means we can identify the number of unique visitors we receive, which allows us to make sure we have enough capacity to accommodate all of our Users.
• - Customize elements of the promotional layout and/or content of our website or application.
• - Collect anonymous statistical information about how you use the Recreogo Platform (including the length of your web or application session) and the location from which you access the Recreogo Platform, so that we can improve the Recreogo Platform and learn which elements and functions of the Recreogo Platform are most popular with our Users.

You can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies.

Web Beacons

We also may collect information using web beacons. Web beacons are electronic images that may be used in the Recreogo Platform or emails. We may use web beacons to deliver cookies, track the number of visits to our website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

Information We Collect from Other Sources

We also collect information about you from third parties, including third-party verification sites, credit bureaus, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number. By applying or signing up for a Recreogo Account, you authorize and consent to our obtaining from, and disclosing to, third parties, from time to time, any information about you in connection with the processing of identity or account verification, fraud detection, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment and personal reporting agencies.

Third Party Advertising and Analytics

We may allow third-party service providers to deliver content and advertisements in connection with the Recreogo Platform and to provide anonymous site metrics and other analytics sites. These third parties may use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our site, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information may be used by Recreogo and third-party service providers on behalf of Recreogo to analyze and track usage of the Recreogo Platform, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand how you use the Recreogo Platform.

Recreogo may provide analytical information on rentals and rental items to third parties. Before we do so, we will remove any of your personal information or information that would identify you specifically.

Business Partners who list rentals on the Recreogo Platform may capture marketing information about their customers who use the Recreogo Platform.

The third-party service providers that we engage and our Business Partners are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.

This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http://www.aboutads.info/choices. To learn about how to manage cookies, please see http://www.allaboutcookies.org.

Use of Information

We may use information about you to provide, maintain, and improve the Recreogo Platform, such as:

• • Displaying historical transaction or appointment information;
• • Developing new products; and
• • Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages.

We may use information about you to improve, personalize and facilitate your use of the Recreogo Platform. For example, when you sign up for a Recreogo Account, we may associate certain information with your new account. We also may use information about you to measure, customize, and enhance the Recreogo Platform, or to track and analyze trends and usage in connection with the Recreogo Platform.

We may use information about you to send you news and information or to conduct surveys and collect feedback about the Recreogo Platform, and to communicate with you about products, promotions, discounts, incentives, and rewards offered by us and select partners, based on your communication preferences and applicable law. We also may contact you to resolve disputes, collect fees, and provide assistance for problems with the Recreogo Platform or your Recreogo Account.

We may use information about you:

• • To protect our rights or property, or the security or integrity of the Recreogo Platform;
• • To enforce the terms of our Terms of Service, Privacy Policy or other applicable agreements or policies;
• • To verify your identity (e.g., some of the government-issued identification numbers we collect are used for this purpose);
• • To investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities;
• • To comply with any applicable law, regulation, legal process, or governmental request;
• • For any other purpose disclosed to you in connection with the Recreogo Platform.

We may, and we may use third-party service providers to, process and store your information in the United States and other countries.

Sharing of Information

We may share information about you as follows:

• • With our affiliates, for the purposes outlined above;
• • With third parties performing services on our behalf, such as to process payments, verify identity, etc.;
• • With third parties that run advertising campaigns, contests, special offers, or other events or activities in connection with the Recreogo Platform;
• • With other users of the Recreogo Platform with whom you interact through your own use of the Recreogo Platform. For example, we may share information when you make or accept a rental reservation using the Recreogo Platform;
• • In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
• • If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities), (ii) to enforce or comply with the terms of our Terms of Service or other applicable agreements or policies, (iii) to protect our rights or property, or the security or integrity of the Recreogo Platform, or (iv) to protect us, users of the Recreogo Platform or the public from harm or potentially prohibited or illegal activities; or
• • With your consent.

We also may share aggregated information with third parties that do not specifically identify you or any individual user of the Recreogo Platform.

Your Choices

Personal Information

You may access, change, or correct information about you by logging into your Recreogo account at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.

Deactivating Your Account

If you wish to deactivate your Recreogo Account, you may do so by emailing us using the contact details provided below. Recreogo generally retains information about you only as long as reasonably necessary to provide you access to the Recreogo Platform. However, even after you deactivate your Recreogo Account, we may retain archived copies of information about you and any transactions in which you may have participated for a period of time that is consistent with applicable law, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to prevent fraud, to collect fees owed, to resolve disputes, to address problems with the Recreogo Platform, to assist with investigations, to enforce our Terms of Service or other applicable agreements or policies, or to take any other actions consistent with applicable law.

Location Information

We may require location information, if you are accessing the Recreogo Platform on a mobile device. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function.

Promotional Communications

You may opt out of receiving promotional messages from Recreogo by following the instructions in those messages or by changing your notification settings by logging into your Recreogo account.

Certain State Privacy Rights

Certain state laws permit their residents to request certain details about information we disclose to third parties for direct marketing purposes.

Security

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We hold information about you at our own premises and with the assistance of third-party service providers. We restrict access to personal information to those Recreogo employees, contractors, and agents who need to know that information in order to transmit, store, or process it, who are subject to contractual confidentiality obligations consistent with this Privacy Policy, and who may be disciplined or terminated if they fail to meet these obligations. Our third-party service providers store and transmit personal information in compliance with this Policy and other appropriate confidentiality and security measures.

Nevertheless, Recreogo cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.

Contact.

If you have any questions or concerns regarding our policy, please contact us at:

Recreogo, LLC.
Email: support@recreogo.com
Address 8375 Gallery Parkway, Victoria MN 55386
Phone: 612-570-2127

If you believe our policy or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with us, at the contact information listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We will keep records of your request and any resolution.