Effective Date: 11/02/2015
Welcome to Crashpad.com, a website designed to match up prospective tenants (“Renters”) with ready-to-rent home owners (“Listers”) (collectively, “Users”). Crashpad.com is for your personal use and shall not be used for commercial endeavors, unless otherwise endorsed or approved by Crashpad.com.
Crashpad.com is exclusively licensed for operation to CENNergy, Corp., a Corporation organized under the laws of Nevada.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.
Crashpad.com RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT Crashpad.com MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE AFTER A CHANGE IN ITS EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.
You warrant that you are of sound mind and competent to agree to the terms of this Agreement, and that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If you are accessing the Website on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent of said organization or entity and that you have the authority to bind said organization or entity to the terms of this Agreement.
3. Crashpad.com is a Venue, and not a Party to any Rental Agreement
Crashpad.com does not own or manage, nor can we contract for, any vacation rental property listed on our Website. Crashpad.com acts as a venue to allow Listers who advertise on the Website to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential Renters.
Crashpad.com is not a party to any rental or other agreement between Users. This is true even if the Website allows you to book a rental or provides other ancillary products or services.
Any part of an actual or potential transaction between a Renter and a Lister, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of Users to rent a vacation property or the ability of Users to contract for properties are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Website and any transaction they enter into on the Website or in connection with their use of the Website.
Users further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Even though Crashpad.com is not a party to any rental transaction and assumes no liability for legal or regulatory compliance pertaining to rental properties listed on the Website, there may be circumstances where we are legally obligated to provide information relating to User listings in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings. Listers who accept credit card, banking or other payment information from Renters agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and operate in good faith.
4. Lister Responsibilities and Fees
In order to post properties available for rent, Listers may register a User-Account (see section 8 of this Agreement) and pay a flat Monthly Fee (“Monthly Fee”). The Monthly Fee will be determined by Crashpad.com and is subject to change within Crashpad.com’s sole discretion. Any such change will be communicated to Listers directly and expressly and will allow Listers to cancel their User-Accounts before being charged the changed Monthly Fee amount.
Any Lister that does not pay the Monthly Fee will pay Crashpad.com a Host Listing Fee up to 5% of the booking total, per booking. This Host Listing Fee is subject to change within Crashpad.com’s sole discretion. Any such change will be communicated to Listers directly and expressly.
Our services may only be used by Users who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Each User represents that all information submitted to Crashpad.com during User’s registration with the Website shall be true and correct.
Each Lister agrees to promptly provide proof of personal identification, proof of ownership of the property listed on the Website, and proof of authority to list the property if Crashpad.com should request such information. Each Lister further represents that:
- it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member;
- it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement;
- it will accurately describe the subject rental property, will not fail to disclose a material defect in, or material information about, a rental property;
- it will regularly review the property listing content and location or geographic description to ensure it is up-to-date and not misleading;
- it will not wrongfully deny access to the listed property; and
- it will not fail to provide a refund when due in accordance with the applicable cancellation policy or the underlying rental agreement.
Users agree to promptly provide Crashpad.com with proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Website, and/or proof of authority to list the property as we may request. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.
Crashpad.com is a service provider granting users access to the website and to each other’s shared User-Generated Content upon their registering an Account with the website. Crashpad.com charges either a Monthly Fee or a Host Listing Fee up to 5% per booking when registering an Account with Crashpad.com. Renters are subject up to a 5% Guest Booking Fee per booking.
Crashpad.com reserves the right to modify the fees charged to its users and Account-holders at any time and in its sole and absolute discretion. All payments for services, products, entertainment, or otherwise, offered through the Website are non-refundable. You further agree to pay all fees and charges on time, and Crashpad.com may terminate or disable your access to the Website or your Account if you fail to pay any amount owing to Crashpad.com when due. You agree that you will pay all costs of collection, including legal fees, incurred by Crashpad.com.
Renters pay Listers directly using PayPal, and Crashpad.com is not responsible for any mishandling of funds, or failure to pay. Crashpad.com is only responsible for and only has the legal obligation to refund the Host Listing Fees and Guest Booking Fees. Any disputes concerning payments and/or refunds between the Renter and the Lister must be handled by the Renter and Lister themselves, or through PayPal.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that Crashpad.com is not responsible for any foreign transaction fees or other fees charged to you by your financial institution. You agree that you will not initiate any chargebacks to Crashpad.com unless otherwise authorized by Crashpad.com in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Crashpad.com.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Crashpad.com within ten (10) days of any such dispute. You understand that your failure to notify Crashpad.com of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
6. Ownership of Content and Intellectual Property
Crashpad.com is the owner of all rights in, and to, the Website and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The Website is subject to copyright and other intellectual property rights under the law of the United States, foreign states, and international treaties, and Crashpad.com provides you with the right to use the Website on a limited basis. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.
Crashpad.com hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Crashpad.com.
You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of Crashpad.com. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Crashpad.com’s robots.txt file.
Crashpad.com is the owner of the CRASHPAD.COM mark, which is a registered or common law trademark, design mark, and trade name. Crashpad.com is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of Crashpad.com. You are prohibited from using Crashpad.com’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a Website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services.
All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.
8. User-Generated Content
Crashpad.com may provide you with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively "User-Generated Content"). Except as otherwise provided herein, you own all rights in and to your User-Generated Content.
By submitting User Generated Content to the Website, you grant Crashpad.com a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.
You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
Communications in the chat room or public areas of the Website are not private. You acknowledge and agree that all messages or content posted by you or others in any chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
9. Registered Accounts
In order to obtain access to additional features or areas of the Website, you may be required to register an account ("Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Crashpad.com with accurate, compete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Crashpad.com. By creating an Account, you agree that Crashpad.com may contact you by any available means, including, but not limited to, by email.
Crashpad.com reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.
In order to verify and authenticate the identity of Users, Crashpad.com requires Users to allow their Crashpad.com Account to access their personal Facebook, Google, LinkedIn and/or personal email account to verify their identity.
10. Authorization and Permission to Communicate With You
You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to you from Crashpad.com and from Website affiliates, Website Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors.
At any time, you may opt out of future e-mailings and cancel your receipt of e-mails from Crashpad.com by clicking the unsubscribe link at the e-mail advertisement sent to you by Crashpad.com.
11. Copyright and Licenses
Users warrant that any User-Generated Content uploaded or transmitted through Crashpad.com are owned by the user or have the appropriate rights to use in such a manner. The copyright of all content uploaded by users is retrained by the users. By offering User-Generated Content through the Website, users grant Crashpad.com a limited, non-exclusive, worldwide, perpetual, sublicensable, assignable, non-revocable, and royalty-free license to reproduce, prepare derivative works of, distribute copies of, perform publicly, display publicly, and transmit by means of a digital audio transmission the User-Generated Content for the customary and intended purposes of the Website, including, but not limited to, for the access and viewing of the content by third party members. Users warrant that their content will not: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.
By uploading or transmitting User-Generated Content, Users expressly waive their rights to publicity and privacy with respect to the content. Crashpad.com will provide users with the ability to limit the scope of the license granted to a third party members, and content-providers are advised to take advantage of this ability to ensure that the license granted to other members conforms to uploading user’s desires and expectations.
Users agree to hold harmless, defend, and indemnify Crashpad.com from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of User-Generated Content; (3) the violation of any term or condition of this Agreement; (4) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Users’ obligation to defend Crashpad.com will not provide Users with the ability or right to control Crashpad.com’s defense, and Crashpad.com reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.
13. Control of Operations
Crashpad.com reserves the right to accept, reject, modify, suspend, or delete any User or User-Generated Content at any time and within its sole and absolute discretion.
Crashpad.com reserves the right to modify or discontinue the Website or any of its associated services at any time, without notice, and in its sole and absolute discretion.
14. Crashpad.com as Service Provider
You understand and agree that Crashpad.com provides a Website service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the Website, whether through Accounts or otherwise. Crashpad.com makes no representations or warranties as to the truth or falsity of the description of any user’s communication or representations, the legality, quality, or safety of the services offered through the Website or by a user, or the qualifications associated with any Account, Product, or service, including, but not limited to, warranties of title or non-infringement.
Although Crashpad.com undertakes commercially reasonable efforts to verify the identity of its Account owners, and users, you understand and agree that Crashpad.com cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney's fees arising out of or related to any user's, Account owner's, or third party's failure to: (1) truthfully or accurately disclose their identity or their qualities or qualifications of any product, or services, offered by them; (2) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.
You acknowledge and agree that Crashpad.com is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Crashpad.com may edit, remove, or control the content displayed through the Website, you agree that Crashpad.com will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.
15. Acceptable Uses
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
1. Transmitting unsolicited commercial email messages through the Website or to Users of the Website;
2. Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
3. Circumventing Crashpad.com’s technological or security protection mechanisms;
4. Using a robot, spider, scraper, or other automated technology to access the Website;
5. Attempting to gain access to the private data or personal information of a user of the Website or a third party;
6. Posting or transmitting content intended to collect personal or personally identifiable information from Users of the Website or third parties;
7. Harassing a User of the Website;
8. Harassing a third party through your use of the Website;
9. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
10. Posting or transmitting content that infringes upon the intellectual property rights of other Users of the Website or third parties;
11. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
12. Posting or transmitting any content in violation of 18 U.S.C. § 2257.
16. Third Party Links
17. Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your subscription by notifying Crashpad.com at support@Crashpad.com in a signed writing stating your intent to terminate. Crashpad.com may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
18. Disclaimer of Warranties
CRASHPAD.COM PROVIDES THE WEBSITE ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
19. Limitation of Liability
CRASHPAD.COM WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF CRASHPAD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CRASHPAD.COM WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. CRASHPAD.COM IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. CRASHPAD.COM RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
You agree to hold harmless, indemnify, and defend Crashpad.com, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Crashpad.com under the terms of this Agreement will not provide you with the right to control Crashpad.com's defense, and Crashpad.com reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Crashpad.com.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Crashpad.com may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
22. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the Nevada without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Crashpad.com will be exclusively resolved under the laws of Nevada.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Crashpad.com.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
26. Limitation on Actions
CRASHPAD.COM AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
27. Reservation of Rights
All rights not expressly granted herein are reserved to Crashpad.com.