Terms of Service
Last updated: January 17th, 2022
Thank you for using Mount!
These Terms of Service (“Terms”) are a binding legal agreement between you and Mount Locks
Inc., that govern your right to use the websites, applications, and other offerings from Mount
(collectively, the “Mount Platform”). When used in these Terms, “Mount,” “we,” “us,” or
“our” refers to Mount Locks Inc., a Delaware corporation, with whom you are contracting.
The Mount Platform offers an online venue that enables users (“Members”) to publish, offer,
search for, and book services and amenities. Members who publish and offer services or
amenities are “Hosts” and Members who search for, book, or use amenities or services are
“Guests.” Hosts offer amenities, including but not limited to, bicycles, scooters, boats, athletic
facilities, bars, or games, (each, an “Amenity” and collectively, “Amenities”) (each Amenity
offering, a “Listing”). You must register an account to access and use many features of the
Mount Platform, and must keep your account information accurate. As the provider of the Mount
Platform, Mount does not own, control, offer or manage any Listings or Amenities. Mount is not
a party to the contracts entered into directly between Hosts and Guests, nor is Mount a booking
agent, or insurer. Mount is not acting as an agent in any capacity for any Member, except as
specified in the Payment Terms of Service set forth in Section 6 (“Payment Terms”). To learn
more about Mount’s role see Section 14.
which describes our collection and use of personal data, and our Payment Terms, which govern
any payment services provided to Members by Mount (collectively "Mount Payments").
If you are a Host, you are responsible for understanding and complying with all laws, rules,
regulations and contracts with third parties that apply to your Host Services.
1. Booking on Mount.
1.1. Booking. You can rent an Amenity by scanning the QR Code on the applicable Amenity
through the Mount mobile application (the “Mount App”). When you book a Amenity, you are
agreeing to pay all charges for your booking including the Listing price, applicable fees like
Mount’s service fees, offline fees, taxes, and any other items identified during checkout
(collectively, “Total Price”). You are also agreeing that Mount may charge the Payment Method
(as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as
defined in Section 13) amounts. You are solely responsible for any damage you, or anyone you
invite, causes to any Amenity during a rental period. When you receive the booking
confirmation or are provided access to the Amenity, a contract for the rental of the Amenity
(a “Reservation”) is formed directly between you and the Host. In addition to these Terms, you
will be subject to, and responsible for complying with all terms of the Reservation, including
without limitation, the damage policy and any other rules, standards, policies, or requirements
identified in the Listing or during checkout that apply to the Reservation. It is your responsibility
to read and understand these rules, standards, policies, and requirements prior to booking a
Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their
Amenities and services.
1.2 Amenity Reservations. An Amenity Reservation is a limited license to enter, occupy, and
use or consume the Amenity. The Host retains the right to re-enter, or re-take possession of, the
Amenity during your stay or rental period, to the extent: (i) it is reasonably necessary, (ii)
permitted by your contract with the Host, and (iii) consistent with applicable law. If you use,
consume, or occupy the Amenity past the date stated on your Reservation, the Host has the right
to make you leave or cease usage of the Amenity in a manner consistent with applicable law,
including by imposing reasonable overstay or overuse penalties. You may not exceed the
maximum number of allowed Guests.
1.3 Responsibility for Amenity Usage. An Amenity Reservation entitles you to participate in,
consume, or use that Amenity. You are responsible for confirming that you, and anyone you
invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for
informing the Host of any medical or physical conditions, or other circumstances that may
impact your ability to participate, attend, or use the Amenity. Except where expressly authorized,
you may not allow any person to use or participate in the usage of an Amenity unless they are
included as an additional guest during the booking process. You solely assume all risks of your
usage or consumption of any Amenity. You are solely responsible for any damage you, or
anyone you invite, causes to any Amenity.
2. Your Responsibilities and Assumption of Risk.
2.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and
are also responsible for the acts and omissions of anyone you invite to join or use any Amenity.
For example, this means: (i) you are responsible for leaving an Amenity (and related personal
property) in the condition it was in when you arrived, (ii) you are responsible for paying all
reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your
pet(s) cause to an Amenity, and (iii) you must act with integrity, treat others with respect, and
comply with applicable laws at all times. If you are booking for an additional guest who is a
minor or if you permit the usage of an Amenity by a minor, you must be legally authorized to act
on behalf of the minor and you are solely responsible for the supervision of that minor.
2.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks
and agree that, to the maximum extent permitted by applicable law, you assume the entire
risk arising out of your access to and use of the Mount Platform, any Content (as defined in
Section 8), and any Amenity, or any other interaction you have with other Members
whether in person or online. This means it is your responsibility to investigate a Host and
any applicable Amenity to determine whether it is suitable for you. For example, Amenities
may carry risk of bodily injury, disability, or death, and you freely and willfully assume
those risks by choosing to participate or otherwise utilize those Amenities.
3. Hosting on Mount.
3.1 Host. As a Host, Mount offers you the right to use the Mount Platform to share your
Amenities with our vibrant community of Guests - and earn money doing it. It’s easy to create a
Listing and you are in control of how you host - set your price, availability, and rules for each
3.2 Contracting with Guests. When permit the booking of an Amenity by a Guest, or receive a
booking confirmation through the Mount Platform, you are entering into a contract directly with
the Guest, and are responsible for delivering your Amenity under the terms and at the price
specified in your Listing. You are also agreeing to pay applicable fees like Mount’s service fee
(and applicable taxes) for each booking. Mount will deduct amounts you owe from your payout
unless we and you agree to a different method. Any terms, policies or conditions that you include
in any supplemental contract with Guests must: (i) be consistent with these Terms, and the
information provided in your Listing, and (ii) be prominently disclosed in your Listing
3.3 Independence of Hosts. Your relationship with Mount is that of an independent contractor,
whether as an individual or entity, and not an employee, agent, joint venturer, or partner of
Mount, except that Mount acts as a payment collection agent as described in the Payments
Terms. Mount does not direct or control your Listing, and you agree that you have complete
discretion whether and when to provide Amenities, and at what price and on what terms to offer
4. Managing Your Listing.
4.1 Creating and Managing Your Listing. The Mount Platform provides tools that make it
easy for you to set up and manage a Listing. Your Listing must include complete and accurate
information about your Amenity, your price, other charges like cleaning fees, offline fees, and
any rules or requirements that apply to your Guests or Listing. You are responsible for keeping
your Listing information and content (like photos) up-to-date and accurate at all times. We
recommend that you obtain appropriate insurance for your Amenities and suggest you carefully
review policy terms and conditions including coverage details and exclusions. You may only
maintain one Listing per Amenity, but may have multiple Listings for a single property if it has
multiple Amenities available.
4.2 Know Your Legal Obligations. You are responsible for understanding and complying with
any laws, rules, regulations, and contracts with third parties that apply to your Listing or
Amenity. For example: some Amenities may require the user to have a driver’s license, boating
license, or be above the age of 21 years old. Some communities or homeowner or condominium
associations may restrict the usage of certain Amenities (like golf carts) on public roads, or may
have noise ordinances applicable to certain Amenities (like sound systems). Some jurisdictions
require Hosts to register, get a permit, or obtain a license before providing certain Amenities
(such as preparing food, serving alcohol, guiding tours, or operating a vehicle). In some places,
the Amenities you want to offer may be prohibited altogether. Some jurisdictions require that
you register Guests who use your Amenities. Check your local rules to learn what rules apply to
the Amenities you plan to offer. Information we provide regarding legal requirements is for
informational purposes only and you should independently confirm your obligations. You are
responsible for handling and using personal data of Guests and others in compliance with
about how local laws apply you should always seek legal advice.
4.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and
are also responsible for the acts and omissions of anyone you allow to participate in providing
your Amenities. You are responsible for setting your price and establishing rules and
requirements for your Listing. You are responsible for ensuring the proper operation, safety, and
good working condition of any Amenity you offer after the conclusion of each rental period by a
Guest. You are responsible for verifying that each Amenity is not damaged or destroyed after
each rental period by a Guest; failure to do so may eliminate your ability to make a Damage
Claim, and you shall be solely liable for any damage or destruction of your Amenity, and for any
repair or replacement cost related thereto. You must describe any and all fees and charges in
your Listing description and may not collect any additional fees or charges outside the Mount
Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their
contact information, or take other actions outside the Mount Platform.
4.4 Hosting as a Team or Organization. If you work with a co-host or host as part of a team,
business, or other organization, the entity and each individual who participates in providing
Amenities is responsible and liable as a Host under these Terms. If you accept terms or enter into
contracts, you represent and warrant that you are authorized to enter into contracts for and bind
your team, business or other organization, and that each entity you use is in good standing under
the laws of the place where it is established. If you perform other functions, you represent and
warrant that you are authorized to perform those functions. If you instruct Mount to transfer a
portion of your payout to a co-host or other Hosts, or to send payments to someone else, you
must be authorized to do so, and are responsible and liable for the payment amounts and
accuracy of any payout information you provide.
4.5 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and
agree that you assume the entire risk arising out of your access to and use of the Mount
Platform, offering Amenities, or any interaction you have with other Members whether in
person or online. You agree that you have had the opportunity to investigate the Mount
Platform and any laws, rules, regulations, or obligations that may be applicable to your
Listings or Amenities and that you are not relying upon any statement of law made by
5.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations
under applicable laws to report, collect, remit, or include in your price any applicable VAT or
other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
5.2 Collection and Remittance by Mount. In jurisdictions where Mount facilitates the
collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Mount to
collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any
Taxes that are collected and/or remitted by Mount are identified to Members on their transaction
records, as applicable. Mount may seek additional amounts from Members (including by
deducting such amounts from future payouts) in the event that the Taxes collected and/or
remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that
your sole remedy for Taxes collected by Mount is a refund from the applicable Tax authority.
You acknowledge and agree that we retain the right, with prior notice to affected Members, to
cease the collection and remittance of Taxes in any jurisdiction for any reason.
5.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or
report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to
provide us with documentation that we determine to be sufficient to support any such obligation
to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required
by law, until sufficient documentation is provided. You agree that Mount may issue on your
behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your
Amenities to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
6. Payment Terms
6.1 Payment Procedures. Mount requires users of the Mount Platform to provide payment
information to Mount (each, a “Payment Method”). Guests must provide a valid credit or debit
card to be charged in connection with rentals of Amenities and Damage Claims, and Hosts must
provide Mount with valid bank account information for the deposit of a Host’s rental revenue,
after deduction of Mount’s fees. Mount collects payments from Guests for the rental or usage of
a Host’s Amenities, and remits such payments to the applicable Host (“Host Earnings”) at the
end of each calendar month, less Mount’s Fees (defined below) and less the amount of any
refunds, credits, or other permitted deductions. All Host Earnings shall be paid via the Mount
Platform to the account designated by the Host via Stripe. If Mount determines, in Mount’s sole
and absolute discretion, that (i) a Guest is entitled to a refund for the rental of an Amenity, or (ii)
a Guest has been overcharged for the rental of an Amenity, Mount shall be entitled to issue a full
or partial refund to the Guest, and the amount of such refund shall be deducted from the Host
Earnings payable to the Host. In the event a Guest rents an Amenity of a Host, and the credit
card charge is rejected, cancelled, or otherwise clawed-back by the Guest or applicable credit
card provider, the applicable amounts shall be deducted from the Host Earnings, and Mount shall
have no liability therefor.
6.2 Mount’s Fees. A Host offering an Amenity for rental or usage through the Mount Platform
may set the price for each applicable Amenity in their sole discretion. Mount shall add twenty
percent (20%) of the applicable fee to the rental price offered to Guests, which Mount shall be
entitled to withhold and retain as compensation for provision of the Mount Platform and any
other services provided by Mount (the “Rental Fee”). In addition to the Rental Fee, Mount shall
charge a flat fee of $15 per month for each Amenity offered by the Host and listed on the Mount
Platform (the “Staff Fee”), provided, however, the Staff Fee shall only apply to Amenities that
have generated Host Earnings in the applicable month. For clarity, and the avoidance of doubt,
the Staff Fee shall not be charged on an Amenity that goes unrented for the applicable month.
The Rental Fee and the Staff Fee are collectively referred to herein as the “Mount Fees.”
After each rental of an Amenity, Guests and Hosts will have an opportunity to review each other.
Your Review must be accurate and may not contain any discriminatory, offensive, defamatory,
or other language that violates our policies. Reviews are not verified by Mount for accuracy and
may be incorrect or misleading.
Parts of the Mount Platform enable you to provide feedback, text, photos, audio, video,
information, and other content (collectively, “Content”). By providing Content, in whatever
form and through whatever means, you grant Mount a non-exclusive, worldwide, royalty-free,
irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative
works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content
information. You are solely responsible for all Content that you provide and warrant that you
either own it or are authorized to grant Mount the rights described in these Terms. You are
responsible and liable if any of your Content violates or infringes the intellectual property or
privacy rights of any third party. Content must comply with our content standards and
prohibition on discrimination, which prohibit, among other things, discriminatory, obscene,
harassing, deceptive, violent, and illegal content. You agree that Mount may make available
services or automated tools to translate Content and that your Content may be translated using
such services or tools. Mount does not guarantee the accuracy or quality of translations and
Members are responsible for confirming the accuracy of such translations.
Mount may charge fees (and applicable Taxes) to Hosts and Guests for the right to use
the Mount Platform. Except as otherwise provided on the Mount Platform, service fees are non-
refundable. Mount reserves the right to change the service fees at any time, and will provide
Members notice of any fee changes before they become effective. Fee changes will not affect
bookings made prior to the effective date of the fee change. If you disagree with a fee change
you may terminate this agreement at any time pursuant to Section 11.2.
10. Mount Platform Rules.
10.1 Rules. You must follow these rules and must not help or induce others to break or
circumvent these rules.
Act with integrity and treat others with respect
oDo not lie, misrepresent something or someone, or pretend to be someone else.
oBe polite and respectful when you communicate or interact with others.
oDo not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Mount Platform
oDo not use bots, crawlers, scrapers, or other automated means to access or collect
data or other content from or otherwise interact with the Mount Platform.
oDo not hack, avoid, remove, impair, or otherwise attempt to circumvent any
security or technological measure used to protect the Mount Platform or Content.
oDo not decipher, decompile, disassemble, or reverse engineer any of the software
or hardware used to provide the Mount Platform.
oDo not take any action that could damage or adversely affect the performance or
proper functioning of the Mount Platform.
Only use the Mount Platform as authorized by these Terms or another agreement with us
oYou may only use another Member’s personal information as necessary to
facilitate a transaction using the Mount Platform as authorized by these Terms.
oDo not use the Mount Platform, our messaging tools, or Members’ personal
information to send commercial messages without the recipient’s express consent.
oYou may use Content made available through the Mount Platform solely as
necessary to enable your use of the Mount Platform as a Guest or Host.
oDo not use Content unless you have permission from the Content owner or the use
is authorized by us in these Terms or another agreement you have with us.
oDo not request, make, or accept a booking or any payment outside of the Mount
Platform to avoid paying fees, taxes or for any other reason.
oDo not require or encourage Guests to open an account, leave a review, complete
a survey, or otherwise interact, with a third-party website, application or service
before, during or after a Reservation, unless authorized by Mount.
oDo not book Amenities unless you are actually using the Amenities.
oDo not use, copy, display, mirror or frame the Mount Platform, any Content, any
Mount branding, or any page layout or design without our consent.
Honor your legal obligations
oUnderstand and follow the laws that apply to you, including privacy, data
protection, and export laws.
oIf you provide us with someone else’s personal information, you: (i) must do so in
compliance with applicable law, (ii) must be authorized to do so, and (iii)
oRead and follow our Terms, and any policies or standards that are communicated
to you from Mount.
oDo not use the name, logo, branding, or trademarks of Mount or others without
oDo not use or register any domain name, social media handle, trade name,
trademark, branding, logo, or other source identifier that may be confused with
oDo not offer Amenities that violate the laws or agreements that apply to you.
oDo not offer or solicit prostitution or participate in or facilitate human trafficking.
10.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent
risk of harm to a person or property, you should immediately contact local authorities before
contacting Mount. In addition, if you believe that a Member, Listing or Content has violated our
standards, you should report your concerns to Mount. If you reported an issue to local
authorities, Mount may request a copy of that report. Except as required by law, you agree that
we are not obligated to take action in response to any report.
10.3 Copyright Notifications. If you believe that Content on the Mount Platform infringes
copyrights, please notify us.
11. Termination, Suspension and other Measures.
11.1 Term. The agreement between you and Mount reflected by these Terms is effective when
you access the Mount Platform (for example to create an account) and remains in effect until
either you or we terminate the agreement in accordance with these Terms.
11.2 Termination. You may terminate this agreement at any time by deleting your account.
Mount may terminate this agreement and your account for any reason by giving you 30 days’
notice via email or using any other contact information you have provided for your account.
Mount may also terminate this agreement immediately and without notice and stop providing
access to the Mount Platform if you breach these Terms, you violate our policies, or you violate
applicable laws, or we reasonably believe termination is necessary to protect Mount, its
Members, or third parties. If your account has been inactive for more than two years, we may
terminate your account without prior notice.
11.3 Member Violations. If (i) you breach these Terms, or our policies, (ii) you violate
applicable laws, regulations, or third-party rights, or (iii) Mount believes it is reasonably
necessary to protect Mount, its Members, or third parties; Mount may, with or without prior
suspend or limit your access to or use of the Mount Platform and/or your account;
suspend or remove Listings, Reviews, or other Content;
cancel bookings; or
suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Mount determines in its sole discretion,
you will be given notice of any intended measure by Mount and an opportunity to resolve the
11.4 Legal Mandates. Mount may take any action it determines is reasonably necessary to
comply with applicable law, or the order or request of a court, law enforcement, or other
administrative agency or governmental body, including the measures described above in Section
11.5 Effect of Termination. If you are a Host and terminate your Mount account, any Listings
you have posted on the Mount Platform will be removed. If you terminate your account as a
Guest, any booking(s) will be automatically cancelled and any refund will depend upon the terms
of the Reservation’s cancellation policy. When this agreement has been terminated, you are not
entitled to a restoration of your account or any of your Content. If your access to or use of the
Mount Platform has been limited, or your Mount account has been suspended, or this agreement
has been terminated by us, you may not register a new account or access or use the Mount
Platform through an account of another Member.
11.6 Survival. Parts of these Terms that by their nature survive termination, will survive
termination of this agreement.
Mount may modify these Terms at any time. When we make material changes to these Terms,
we will post the revised Terms on the Mount Platform and update the “Last Updated” date at the
top of these Terms. We will also provide you with notice of any material changes by email at
least 30 days before the date they become effective. If you disagree with the revised Terms, you
may terminate this agreement immediately as provided in these Terms. If you do not terminate
your agreement before the date the revised Terms become effective, your continued access to or
use of the Mount Platform will constitute acceptance of the revised Terms.
13. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the
complaining Member’s real or personal property, or real or personal property the complaining
Member is responsible for, including consequential damages, (“Damage Claim”), the
complaining Member can notify Mount. You will be notified of the Damage Claim and given an
opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Mount
and Mount determines in its sole discretion that the Damage Claim is valid and you are
responsible for the Damage Claim, Mount can collect the amount of the Damage Claim from
you. You agree that Mount may seek to recover from you under any insurance policies you
maintain and that Mount may also pursue against you any remedies it may have available under
applicable law, including referral of the matter to a collections agency, and/or pursuit of
available causes of action and/or claims against you. You agree to cooperate in good faith,
provide any information Mount requests, execute documents, and take further reasonable action,
in connection with Damage Claims, Member complaints, claims under insurance policies, or
other claims related to your provision or use of Amenities.
14. Mount’s Role.
We offer you the right to use a platform that enables Members to publish, offer, and book
Amenities. While we work hard to ensure our Members have great experiences using the Mount
Platform, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that
Mount has the right, but does not have any obligation, to monitor the use of the Mount Platform
and verify information provided by our Members. For example, we may review, disable access
to, remove, or edit Content to: (i) operate, secure and improve the Mount Platform (including for
fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure
Members’ 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) address Content that we determine is harmful or objectionable; (v) take actions set out in
these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by
removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and
agree that Mount administers these Terms, including decisions about whether and how to apply
them to a particular situation, at its sole discretion. Members agree to cooperate with and assist
Mount in good faith, and to provide Mount with such information and take such actions as may
be reasonably requested by Mount with respect to any investigation undertaken by Mount
regarding the use or abuse of the Mount Platform. Mount is not acting as an agent for any
Member except for where Mount acts as a collection agent as provided in the Payments Terms.
15. Member Accounts.
You must register an account to access and use many features of the Mount Platform.
Registration is only permitted for legal entities, partnerships and natural persons who are 18
years or older. You represent and warrant that you are not a person or entity barred from using
the Mount Platform under the laws of the United States, your place of residence, or any other
applicable jurisdiction. You must provide accurate, current, and complete information during
registration and keep your account information up-to-date. You may not register more than one
account or transfer your account to someone else. You are responsible for maintaining the
confidentiality and security of your account credentials and may not disclose your credentials to
any third party. You are responsible and liable for activities conducted through your account and
must immediately notify Mount if you suspect that your credentials have been lost, stolen, or
your account is otherwise compromised. If and as permitted by applicable law, we may, but have
no obligation to (i) ask you to provide identification or other information, (ii) undertake checks
designed to help verify your identity or background, (iii) screen you against third-party databases
or other sources and request reports from service providers, and (iv) obtain reports from public
records of criminal convictions or sex offender registrations or their local equivalents.
16. Disclaimer of Warranties.
We provide the Mount Platform and all Content “as is” without warranty of any kind and
we disclaim all warranties, whether express or implied. For example: (i) we do not endorse
or warrant the existence, conduct, performance, safety, quality, legality or suitability of any
Guest, Host, Amenity, Listing or third party; (ii) we do not warrant the performance or
non-interruption of the Mount Platform; and (iii) we do not warrant that verification,
identity or background checks conducted on Listings or Members (if any) will identify past
misconduct or prevent future misconduct. Any references to a Member or Listing being
"verified" (or similar language) indicate only that the Member or Listing or Mount has
completed a relevant verification or identification process and nothing else. The disclaimers
in these Terms apply to the maximum extent permitted by law. If you have statutory rights
or warranties we cannot disclaim, the duration of any such statutorily required rights or
warranties, will be limited to the maximum extent permitted by law.
17. Limitations on Liability.
Neither Mount (including its affiliates and personnel) nor any other party involved in
creating, producing, or delivering the Mount Platform or any Content will be liable for any
incidental, special, exemplary or consequential damages, including lost profits, loss of data
or loss of goodwill, service interruption, computer damage or system failure or the cost of
substitute products or services, or for any damages for personal or bodily injury or
emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or
inability to use the Mount Platform, any Amenity, or any Content, (iii) any
communications, interactions or meetings you may have with someone you interact or meet
with through, or as a result of, your use of the Mount Platform, or (iv) publishing or
booking of a Listing, including the provision or use of Amenities, whether based on
warranty, contract, tort (including negligence), product liability or any other legal theory,
and whether or not Mount has been informed of the possibility of such damage, even if a
limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, in no event
will Mount’s aggregate liability for any claim or dispute arising out of or in connection
with these Terms, your interaction with any Members, or your use of or inability to use the
Mount Platform, any Content, or any Amenity, exceed: (A) to Guests, the amount you paid
as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to
Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving
rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement
between you and Mount. If applicable law does not allow the limitations of liability set out
in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at
Mount’s option), indemnify, and hold Mount (including Mount affiliates, and their
personnel) harmless from and against any claims, liabilities, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting fees, arising out of or in any
way connected with: (i) your breach of these Terms, (ii) your improper use of the Mount
Platform, (iii) your interaction with any Member, usage of any Amenity, including without
limitation any injuries, losses or damages (whether compensatory, direct, incidental,
consequential or otherwise) of any kind arising in connection with or as a result of such
interaction, participation or use, (iv) your failure, or our failure at your direction, to
accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or
third party rights such as intellectual property or privacy rights.
19. United States Governing Law and Venue.
If you reside or have your place of establishment in the United States, these Terms will be
interpreted in accordance with the laws of the State of Delaware and the United States of
America, without regard to conflict-of-law provisions. Judicial proceedings (other than small
claims actions) that are excluded from the arbitration agreement in Section 20.5 must be brought
in state or federal court in New Castle County, Delaware, unless we both agree to some other
location. You and we both consent to venue and personal jurisdiction in Wilmington, Delaware.
20. United States Dispute Resolution and Arbitration Agreement.
20.1 Application. This Arbitration Agreement only applies to you if your country of residence or
establishment is the United States. If your country of residence or establishment is not the United
States, and you nevertheless attempt to bring any legal claim against Mount in the United States,
this Arbitration Agreement will apply for determination of the threshold issue of whether this
Section 20 applies to you, and all other threshold determinations, including residency,
arbitrability, venue, and applicable law.
20.2 Overview of Dispute Resolution Process. Mount is committed to participating in a
consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part
process for individuals to whom this Section 20 applies: (1) an informal negotiation directly with
Mount’s customer service team (described in Section 20.3, below), and if necessary (2) a binding
arbitration administered by the American Arbitration Association (“AAA”). You and Mount
each retain the right to seek relief in small claims court as an alternative to arbitration.
20.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior
to initiating an arbitration, you and Mount each agree to notify the other party of the dispute in
writing and attempt in good faith to negotiate an informal resolution. You must send your notice
of dispute to Mount by mailing it to Mount’s agent for service: VCorp Services, LLC at 108 W.
13th St, Ste 100, Wilmington, DE 19801. Mount will send its notice of dispute to the email
address associated with your Mount account. A notice of dispute must include: the party’s name
and preferred contact information, a brief description of the dispute, and the relief sought. If the
parties are unable to resolve the dispute within the 30-day period, only then may either party
commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with
the AAA and providing a copy to the other party as specified in the AAA Rules (available
20.4 Agreement to Arbitrate. You and Mount mutually agree that any dispute, claim or
controversy arising out of or relating to these Terms or the applicability, breach,
termination, validity, enforcement or interpretation thereof, or any use of the Mount
Platform, Amenities, or any Content (collectively, “Disputes”) will be settled by binding
individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether
this Arbitration Agreement can be enforced or applies to our Dispute, you and Mount
agree that the arbitrator will decide that issue.
20.5 Exceptions to Arbitration Agreement. You and Mount each agree that the following
causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be
brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 19):
(i) any claim or cause of action alleging actual or threatened infringement, misappropriation or
violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property
rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent
circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a
request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or
sexual harassment arising from your use of the Mount Platform or any Amenity. You and Mount
agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable
claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration
pursuant to section 3 of the Federal Arbitration Act.
20.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a
transaction in interstate commerce and the Federal Arbitration Act governs all substantive and
procedural interpretation and enforcement of this provision. The arbitration will be administered
by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules
determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified
here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed
written demand (available at www.adr.org) must be filed with the AAA and provided to the other
party, as specified in the AAA rules.
20.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the
arbitration most convenient to you, Mount agrees that any required arbitration hearing may be
conducted, at your option: (a) in the U.S. county where you reside; (b) in New Castle County; (c)
via phone or video conference; or (d) if all parties agree, by solely the submission of documents
to the arbitrator.
20.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate,
limited by the AAA Consumer Rules. Either party may make a request that the arbitrator award
attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or
defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or
is otherwise frivolous, as allowed by applicable law and the AAA Rules.
20.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and
conclusions upon which the arbitrator based the award. Judgment on the arbitration award may
be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by
law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual
basis and only to the extent necessary to provide relief warranted by the claimant’s individual
20.10 Jury Trial Waiver. You and Mount acknowledge and agree that we are each waiving the
right to a trial by jury as to all arbitrable Disputes.
20.11 No Class Actions or Representative Proceedings. You and Mount acknowledge and
agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we 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 there is a final
judicial determination that applicable law precludes enforcement of the waiver contained in this
paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action
or requested remedy, and only that claim, cause of action or requested remedy, will be severed
from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the
event that a claim, cause of action or requested remedy is severed pursuant to this paragraph,
then you and we agree that the claims, causes of action or requested remedies that are not subject
to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies
are resolved by the arbitrator.
20.12 Severability. Except as provided in Section 20.11, in the event that any portion of this
Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the
remainder of the Arbitration Agreement will be given full force and effect.
20.13 Changes to Agreement to Arbitrate. If Mount changes this Section 20 after the date you
last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject
that change by sending us written notice (including by email) within 30 days of the date the
change is effective. Rejecting a new change, however, does not revoke or alter your prior consent
to any earlier agreements to arbitrate any Dispute between you and Mount (or your prior consent
to any subsequent changes thereto), which will remain in effect and enforceable as to any
Dispute between you and Mount.
20.14 Survival. Except as provided in Section 20.12 and subject to Section 11.6, this Section 20
will survive any termination of these Terms and will continue to apply even if you stop using the
Mount Platform or terminate your Mount account.
21.1 Interpreting these Terms. Except as they may be supplemented by additional terms,
conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including
those items incorporated by reference) constitute the entire agreement between Mount and you
pertaining to your access to or use of the Mount Platform and supersede any and all prior oral or
written understandings or agreements between Mount and you. These Terms do not and are not
intended to confer any rights or remedies upon anyone other than you and Mount. If any
provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in
Section 20.11 above, such provision will be struck and will not affect the validity and
enforceability of the remaining provisions. Where the word “will” is used in these Terms it
connotes an obligation with the same meaning as “shall.”
21.2 No Waiver. Mount’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.
21.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and
obligations hereunder without Mount’s prior written consent. Mount may without restriction
assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole
discretion, with 30 days’ prior notice.
21.4 Notice. Unless specified otherwise, any notices or other communications to Members
permitted or required under this agreement, will be provided electronically and given by Mount
via email, Mount Platform notification, messaging service (including SMS), or any other contact
method we enable and you provide.
21.5 Third-Party Services. The Mount Platform may contain links to third-party websites,
applications, services or resources (“Third-Party Services”) that are subject to different terms
and privacy practices. Mount is not responsible or liable for any aspect of such Third-Party
Services and links to such Third-Party Services are not an endorsement.
21.6 Google Terms. Some translations on the Mount Platform are powered by Google. Google
disclaims all warranties related to the translations, express or implied, including any warranties
of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular
purpose and non-infringement.
21.7 Apple Terms. If you access or download our application from the Apple App Store, you
agree to Apple’s Licensed Application End User License Agreement.
21.8 Mount Platform Content. Content made available through the Mount Platform may be
protected by copyright, trademark, and/or other laws of the United States and other countries.
You acknowledge that all intellectual property rights for that Content are the exclusive property
of Mount and/or its licensors and agree that you will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices. You may not use, copy, adapt,
modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, broadcast or otherwise exploit any Content accessed through the Mount
Platform except to the extent you are the legal owner of that Content or as expressly permitted in
these Terms. Subject to your compliance with these Terms, Mount grants you a limited, non-
exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the
Mount App on your personal device(s); and (ii) access and view the Content made available on
or through the Mount Platform and accessible to you, solely for your personal and non-
21.9 Force Majeure. Mount shall not be liable for any delay or failure to perform resulting from
causes outside its reasonable control, including, but not limited to, acts of God, natural disasters,
war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents,
pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy,
labor or materials.
21.10 Emails and SMS. You will receive administrative communications from us using the
email address or other contact information you provide for your Mount account. Enrollment in
additional email subscription programs will not affect the frequency of these administrative
emails, though you should expect to receive additional emails specific to the program(s) to which
you have subscribed. You may also receive promotional emails from us. No fee is charged for
these promotional emails, but third-party data rates could apply. You can control whether you
receive promotional emails using the notification preferences in your account settings. Please
note that you will not be able to take advantage of certain promotions if you disable certain
communication settings or do not have a Mount account.
21.11 Contact Us. If you have any questions about these Terms please email us at firstname.lastname@example.org.