Clooh LLC Terms of Use

Welcome to the Clooh LLC (“clooh.” or “we” or “us”) website located at https://www.getaclooh.com/ and other affiliated websites (the “Website”).

Please review the following terms and conditions concerning your use of and access to the Website.

The following Terms and Conditions comprise an agreement (referred to at times herein as the “Terms” or this “Agreement”) between the users (“Users”) of this Website (hereinafter “Customers”) and Clooh LLC. The effective date of these Terms and Conditions is September 8th, 2023.

The Website is operated by Clooh LLC. The Website is offered to you, conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions. If you do not agree with these Terms, you may not use the Website. The Website is an E-Commerce website.

These Terms of Use provide that all disputes between you and Clooh LLC will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Sections below titled “Arbitration” and “Class Action Waiver” for the details regarding your agreement to arbitrate any disputes with Clooh LLC.

Privacy

Your use of the Website is subject to Clooh LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

Privacy Policy

 

Electronic Communications

Visiting the Website or sending emails to Clooh LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website satisfy any legal requirement that such communications be in writing.

 

Credit Checks

If you use our service, you are consenting that Clooh LLC will obtain information from your credit report. Each Customer must provide accurate personal information to conduct a credit check, including, but not limited to, the Customer’s full name, address, date of birth, and other relevant and necessary information. Your first rental will require a credit check. Clooh LLC reserves the right to run additional credit checks and cancel orders if necessary. Credit checks will consist of a ‘soft’ pull and will not affect the Customer’s credit. All Customers must consent to having Clooh LLC pull their credit profile. If the Customer’s credit check does not meet Clooh LLC’s standards, we will issue you a refund and there will be a five percent (5%) fee on the total of the order (rounded to the nearest dollar amount). This fee is to cover the processing charges associated with the order.

 

Customer Accounts

You must be twenty (20) years old or older to use our service. You as a Customer must agree to provide accurate personal information about yourself through the Website interface. If the information you provide on the Website is inaccurate, or we suspect that any information you have provided to Clooh LLC is inaccurate, we reserve the right to terminate your transaction and refuse to provide service. The maintenance and confidentiality of your account is solely your responsibility. Any activity which is related to your account also becomes your responsibility. If you suspect any activity on your account which you think is unauthorized, please contact Clooh LLC immediately. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Clooh LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Clooh LLC reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.

 

Clooh LLC Services

To become a Customer of Clooh LLC, you must provide all the information that we require and comply with all our Terms. Each Customer can select from different items to rent, each of which will be available on the Website and the item will be shipped to the Customer’s specified address in Las Vegas, NV, USA. All rental periods and rates for each item are clearly listed on the Website. Clooh LLC offers items for rent in 1-day increments. Each rental period will have a different rental fee applied to the specific item. Currently there is no option for Customers to purchase rental items. Customers will reserve an initial rental period consisting of a minimum of 1 day or more.  Once that rental period is completed, the Customer can either return the item or arrange with Clooh LLC an additional rental period consisting of a minimum of 1 day or more. If the item is unavailable for an additional rental period, then it must be returned to Clooh LLC according to the initial agreement.  The ability to extend rental periods will be solely determined by Clooh LLC. If the Customer fails to return the rented item, the Customer will automatically be charged the full day 1 rate (full rate) plus $50 for each day the bag return is past due using any payment method available. There is no limit to how many rental cycles a Customer may have. Currently, our policy is that Customers can only rent out one item at a time. All shipping policies are listed clearly on the Website. The delivery time for each item will be determined by the stock availability, when the order is placed, the delivery address, and any other circumstances which may impact the delivery. Each order will require preparation and processing before the shipment is sent.  Preparation and processing times may vary and could cause delays. Clooh LLC makes no guarantees on delivery time. Each rental period starts the day the rental is delivered.  Customers may receive communications from Clooh LLC, including emails, text messages, phone calls, and push notifications. Each delivery will require visual confirmation by the deliverer of the Customer’s valid ID (US driver’s license or US passport), a photo of the Customer’s ID, and the Customer’s signature agreeing to these terms upon delivery. The item will be turned over to the Customer only upon confirmation by the deliverer that the Customer’s ID is valid, a photo of the Customer’s ID has been taken, and that the Terms have been signed by the Customer. Each item will be inspected and cleaned (excluding normal wear and tear) before being shipped. If the item is not in the condition which is expected when ordered, please inform your deliverer upon receipt of the shipment. The rental item must be returned, along with the ship/return box, dust bag, and other items/accessories that come with the shipment.

 

Damage, Loss & Theft

All Customers are responsible in the event of a lost item, lending an item to others, theft, and any other circumstances that result in the item not remaining in its original condition. Clooh LLC reserves the right to close any Customer’s account at any time and/or cancel orders at any time. If an item is returned with damage above normal wear and tear as determined solely by Clooh LLC, the Customer will be responsible for the full retail amount of the item, plus Nevada state and city sales tax, and a replacement fee. Each rental item has its own unique replacement fee.  Clooh LLC in its sole discretion will determine the replacement fee to charge based on the retail cost to replace the item. All replacement fees will be charged using any of the payment methods available to Clooh LLC. Las Vegas sales tax is currently 8.375% and is subject to change. Clooh LLC reserves the right to use any payment method to receive monetary damages. Once an item is fully paid for by the Customer, the Customer will have the option to keep the item. The Customer will be charged for any shipping costs.

 

Billing

Clooh LLC requires you to provide a valid and current method of payment. When you sign up to use our service you authorize us to use any payment method to bill for each item you select to rent, and for the associated security deposit. You are also authorizing any other shipping costs, taxes & fees, and any other charges. In the event Clooh LLC does not receive payment from you, or if your methods of payment are rejected, expired, or in any way unable to be processed, you agree to pay all outstanding balances. Clooh LLC reserves the right to collect all outstanding balances from you by taking any appropriate and necessary legal action and/or using a third-party collection agency and/or keeping the security deposit. Clooh LLC reserves the right to contact you with the contact information you provide. By renting an item, you are also consenting that Clooh LLC reserves the right to share your contact information with legal entities and/or third-party collection agencies. You are responsible for all charges and fees applied to any of your methods of payment. We can modify the price or any other features of the service at any time. You agree to notify us of any issues or discrepancies in respect to payment within 30 days after the end of your rental period. If you do not notify us within 30 days of the end of your rental period, then you agree to waive your right to dispute payment issues.

 

Security Deposit

Clooh LLC requires a fully refundable security deposit when renting an item. The security deposit is separate from the rental payment. The security deposit will be reserved in conjunction with the rental payment. All rental items require a security deposit.  The value of the security deposit will be based on the value of the rental item. Prior to reserving the Customer’s security deposit for a rental item, we reserve the right to change the amount of the security deposit on any item, at any time, and for any reason. Assuming there are no fees owed to us, that the item is returned when due, and that there is no damage beyond reasonable wear and tear or missing rental items, the security deposit will be returned within seven (7) business days of the end of the rental period.  We reserve the right to keep a portion or all of the security deposit for any fees owed to us or if, in our sole discretion, any rental item is damaged beyond normal wear and tear or is missing in whole or in part.

 

Returns

Returns will only be accepted if Clooh LLC’s tag remains attached to the item. Each item must be, and appear to be, unused. If the tag is removed for any reason, the Customer will be charged the full rental price for the rental period selected. Clooh LLC does not prorate any charges or refunds. A refund will be issued for the value of the rental once inspection is complete. Please allow three (3) business days once the rental item has arrived to allow a full inspection. The rental item must be returned along with the ship/return box, dust bag, and other items/accessories that come with the shipment. Customers are allowed one return per order.

 

Attorney’s Fees, Costs, and Interest

If any action is commenced as a result of, or relating to, these Terms, the prevailing Party will be entitled to recover its reasonable attorney’s fees and expenses of litigation. The prevailing Party also shall be entitled to recover prejudgment interest on its actual damages (and liquidated) damages, from the date of default to the date of judgment entry at the rate of ten (10%) per annum.

 

Reviews, Comments and Surveys

Clooh LLC may allow Customers to post reviews and comments regarding the different products and services offered. The reviews are the opinions of Customers only. Clooh LLC reserves the right to review and delete any reviews or comments posted by its Customers. We are free to use any reviews, comments, or information in a survey which you submit. All Customers must write their own reviews and comments. Any references to retailers or use of inappropriate language, or personal information are strictly prohibited. All content posted to Clooh LLC must be by individuals who are twenty (20) years or older. If any content is not yours, you must have permission to use it. If not, Clooh LLC will not be liable for damages.

 

Ship/Return Box, Dust Bag, Other Items

All rentals will come in a ship/return box containing a dust bag, an instruction card, and other items such as shoulder strap(s), handle(s), etc. Customers must return all items that come with the shipment. If a Customer loses the ship/return box, the Customer will be liable for any damages during return transit. Customers will be charged fifty dollars ($50) for the lost ship/return box. Customers are liable for all missing pieces which come with the shipment. If any items aside from the ship/return box are missing, Clooh LLC in its sole discretion will determine the charges to the Customer’s account based on the replacement value of the missing items.

 

Governing Law, Jurisdiction and Venue

These Terms and Conditions are governed in all respects by the laws of the State of Nevada, or where applicable, Federal Law, without regard to choice of law principles. Any action arising from or connected to these Terms or Clooh LLC’s policies shall be brought in Clark County, Nevada.

 

Mobile Application Charges

Clooh LLC is not responsible for any data overages, data rates or other fees that may apply to your mobile carrier.

 

Links to Third Party Websites or Services

The Website may contain links to other websites (“Linked Websites”). Linked Websites are not under the control of Clooh LLC, and we are not responsible for the contents of any Linked Websites including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clooh LLC of the Linked Website or any association with its operators. Certain services made available via the Website are delivered by third party websites and/or organizations. By using any product, service or functionality originating from the Website domain, User hereby acknowledges and consents that we may share such information and data with any third party with whom Clooh LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to Clooh LLC that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website is the property of Clooh LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Clooh LLC’s content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Clooh LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Clooh LLC or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated, and administered by Clooh LLC from our offices within the US. If you access the Service from a location outside the US, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Clooh LLC, its subsidiaries, affiliates, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Clooh LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clooh LLC in asserting any available defenses.

 

Arbitration

In the event the Parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the Parties, in Clark County, Nevada. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The Parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Notwithstanding the foregoing, either Party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the Party’s rights or property pending the completion of arbitration. Nothing herein shall prevent the Parties to any dispute from agreeing to attend mediation at any time.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Clooh LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLOOH LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE WEBSITE AT ANY TIME. CLOOH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLOOH LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOOH LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE , WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLOOH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED IN THE SECTION TITLED “Indemnification”.

 

Termination/Access Restriction

Clooh LLC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada, and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clooh LLC because of this agreement or use of the Website. Clooh LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Clooh LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clooh LLC with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Clooh LLC, with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Clooh LLC reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Clooh LLC encourages you to review the Terms periodically, to stay informed of our updates.

 

Contact Us

Clooh LLC welcomes your questions or comments regarding the Terms. Please contact us at contact@getaclooh.com

 

Effective as of September 8th, 2023