Terms & Conditions
Welcome to the website for Shurpa Gear, which is owned and operated by Shurpa Gear, LLC (collectively, “Shurpa Gear”). Your use of our website at (the "Site") or any of the services offered on or through the Site, including, without limitation, our shipping services (the "Services") is subject to these Terms and Conditions (the "Terms"). As used in these Terms, the terms “you” and “your” refer to the individuals and companies that use the Site and the Services. Your use of the Site and/or your ordering of any Services constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site and the Services. If you do not wish to be bound by the Terms, you may not access or use the Site or use the Services.
Acceptance of terms
Shurpa Gear is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the “Terms and Conditions” link from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with your thoughts about the Site or to request more information about Shurpa Gear or our Services.
Our Service - Member Accounts
Shurpa Gear provides a service to connect owners of outdoor sports equipment, such as snow skis and snowboards interested in making their equipment available for rent ("Owners") and individuals interested in renting ("Renters"). In order to rent or list equipment on Shurpa Gear, you will need to establish a member account ("Account"). By applying for an Account, you give us permission to disclose certain of your personal information to third parties for verification and marketing purposes. Shurpa Gear may accept or reject account applications in our sole discretion. Shurpa Gear also provides gear management and logistics services, including storage and delivery, as well as maintenance and rentals.
You may not use another member's Account, permit anyone else to use your Account. When applying for and creating your Account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shurpa Gear immediately of any breach of security or unauthorized use of your Account. Shurpa Gear will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Member profile and how you interact with the Service by changing the options in your account page. By providing Shurpa Gear your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related emails. We may also use your email address to send you other messages, such as changes to features of the Service.
Use of the Site
In addition to all of the other restrictions contained in these Terms, but without limitation, you will not use the Site to:
engage in commercial activity, including, without limitation, commercial use of the Site or the Services;
reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use;
reformat or frame any portion of the web pages that are part of the Site or Services;
create user accounts by automated means or under false, misleading or fraudulent pretenses;
copy or modify the HTML code used to generate web pages on the Site;
use any device, software, or procedure that interferes with the proper working of the Site or Services, or otherwise attempt to interfere with the proper working of the Site or the Services;
take any action that imposes, or may impose in Shurpa Gear’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
modify, adapt, translate or reverse engineer any portion of the Site or Services;
transmit or disseminate viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;
disrupt or otherwise interfere with the Site or the networks or servers used by Shurpa Gear;
impersonate any person or entity or misrepresent your connection or affiliation with a person or entity;
collect or store, or attempt to collect or store, personal information about other Site users; or
engage in illegal activity.
Shurpa Gear reserves the right (but not the obligation) to terminate your access to the Site at any time without notice for any reason whatsoever.
Service Rules - Cancellations and Changes
You may obtain a full refund if you cancel a pick-up at least 5 days prior to the scheduled pick-up date. If you cancel a pickup within 5 days prior to the scheduled pick-up date, you may incur a cancellation fee of $10.00. You may make changes to your pickup date and time, without incurring any change fees, if you notify Shurpa Gear at least five (5) business days prior to the original scheduled pickup time. Changes requested between five (5) business days and 24 hours prior to the original scheduled pickup time may be assessed a $25 administrative fee in addition to any difference in the shipping rate. Changes made within 24 hours of the original scheduled pickup time may be assessed an administrative fee of greater than $25.
Although Shurpa Gear provides a platform through the Site and the Services for arranging and facilitating the shipment of sports equipment ("Sporting Goods"), you acknowledge that Shurpa Gear utilizes one or more third-party companies to transport those Sporting Goods and that other third parties may be involved in or responsible for submitting your Sporting Goods to Shurpa Gear or its shipping provider and/or receiving your Sporting Goods at the shipping destination. You acknowledge that you ship your Sporting Goods using the Services at your sole risk. In the event that your Sporting Goods are damaged or lost during shipment, or do not arrive at the shipping destination within a timely manner due to a failure of Shurpa Gear or its third-party shipping company, you may request Shurpa Gear' assistance with submitting any claims or complaints to the shipping company. Upon receiving timely and properly submitted information from you for such a claim or complaint, Shurpa Gear may share that information with its third-party business partners that were involved in handling that shipment (such as the shipping company). Shurpa Gear and/or its third-party business partners may contact you regarding these issues. Shurpa Gear and/or its third-party business partners may conduct a reasonable investigation into your claim, but in no event is Shurpa Gear required or obligated to investigate any claims pertaining to lost, damaged or delayed Sporting Goods. You acknowledge and agree that your request for assistance from Shurpa Gear, and/or any reasonable investigation into your claim, does not entitle you to compensation or damages from Shurpa Gear, or any action or recourse by Shurpa Gear, and that a commercially reasonable investigation is your sole and exclusive remedy. You acknowledge that the Services are also subject to any terms imposed by subcontractors of Shurpa Gear and all third-party shipping companies. Shurpa Gear insures against complete loss of or against any physical damage that has occurred to a shipment while in transit. Shurpa Gear or its logistics partners are not liable for damage or loss of protruding parts such as wheels, straps, pockets, handles, or other items attached to a travel case or bag. Any claims for lost or missing items will require a physical investigation.
Service Rules - Cancellations and Changes
You may obtain a full refund if you cancel a rental at least 7 days prior to the scheduled pick-up date. If you cancel a rental within 7 days prior to the scheduled pick-up date, you may receive an account credit in the amount of your cancelled rental, less a cancellation fee of $10.00), for use on the Site. The account credit will not expire, and is fully transferable.
It may take up to 30 days for the refund to appear on your credit card statement. In most cases, Shurpa Gear will process the refund within 10 business days.
You may make changes to your pickup date and time, without incurring any change fees, if you notify Shurpa Gear at least five (5) business days prior to the original scheduled pickup time. Changes requested between five (5) business days and 24 hours prior to the original scheduled pickup time may be assessed a $25 administrative fee in addition to any difference in the shipping rate. Changes made within 24 hours of the original scheduled pickup time may be assessed an administrative fee of greater than $25.
In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information (relating to you or your customers) that you provide to us through the Site, you agree to provide true, accurate, current and complete information as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Shurpa Gear has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Shurpa Gear has the right to refuse any and all current or future use of the Site (or any portion thereof) or the Services. Shurpa Gear shall have no liability for any packages or Sporting Goods that are lost or stolen as a result of your failure to provide accurate and complete information.
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Shurpa Gear shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Shurpa Gear reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and Services described on the Site, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. Shurpa Gear does not endorse or represent the reliability, accuracy or quality of any information, or non-Shurpa Gear goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third Party Websites and Services
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by Shurpa Gear of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because Shurpa Gear has no control over third-party websites and resources, you acknowledge and agree that Shurpa Gear is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. You further acknowledge and agree that Shurpa Gear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, properties or services, you do so entirely at your own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such third party websites.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, defend and hold Shurpa Gear, LLC, its respective affiliates and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Shurpa Gear Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your information or any other materials contributed to or submitted through the Site or the Services, including without limitation information associated with your account; (iii) your conduct, including your use of the Site and Services; (iv) your connection to the Site; (v) any violation or breach of these Terms; (vi) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity; or (vii) your shipment, or attempted shipment, of Prohibited Items (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Shurpa Gear Indemnified Parties. Shurpa Gear shall have the right, in its sole discretion, to select its own legal counsel to defend the Shurpa Gear Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Shurpa Gear’ reasonable attorneys’ fees incurred in connection therewith. You shall notify Shurpa Gear immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Shurpa Gear’ ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Shurpa Gear, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Shurpa Gear Indemnified Parties.
You agree that Shurpa Gear, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof), or the Services, for any reason, including, without limitation, for lack of use or if Shurpa Gear believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Shurpa Gear may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or the Services, with or without notice. You agree that any termination of your access to the Site or the Services under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Shurpa Gear may immediately bar any further access to the Site or the Services. Further, you agree that Shurpa Gear shall not be liable to you or any third party for any termination of your access to the Site or the Services.
You acknowledge that Shurpa Gear may establish general practices and limits concerning your use of the Site. You agree that Shurpa Gear has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. Shurpa Gear reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Services with or without notice. You agree that Shurpa Gear shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services. You further acknowledge that Shurpa Gear reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the site and the services is at your sole risk. the site and information and material in the site is provided on an “as is” and “as available” basis. with respect to the site, the information and materials on the site, and the services Shurpa Gear expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement or that the site will be without error or invulnerable to viruses, worms, or other harmful software or hardware. you hereby acknowledge that the site or the services may not be available due to any number of factors including, without limitation, periodic system maintenance, scheduled or unscheduled, acts of god, unauthorized access, viruses, denial of service or other attacks, technical failure of the site, telecommunications infrastructure, or disruption, and therefore Shurpa Gear expressly disclaims any express or implied warranty regarding site use and/or availability, accessibility, security or performance caused by such factors.
Shurpa Gear makes no warranty that (i) the site and information and material therein will meet your requirements, (ii) the functions contained in the site will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the site or information and materials therein will be accurate, reliable, or available, (iv) any errors in the site or information or materials therein will be corrected, and (v) the site and its contents and server that makes the site available are free of any viruses or other harmful components.
Any material, information, products or services downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Shurpa Gear or through or from the site shall create any warranty not expressly stated in the agreement.
Shurpa Gear expressly disclaims, and makes no warranty regarding, the services provided by its third party shipping companies.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties. accordingly, some of the above limitations may not apply to you.
Shurpa Gear shall not be liable for any delay in performing, or failure to perform its obligations under this Agreement, resulting from any cause beyond its reasonable control, including, without limitation, acts of God, fire, extreme temperatures, high winds, lightning, strikes, energy interruptions, labor disputes, natural disaster, blizzard, fire, flood, storm, slide, earthquake, epidemics, power failure, inability to obtain equipment, supplies or other facilities, labor disputes, terrorism, criminal activity, governmental demands or requirements, inclement weather, war, declared or undeclared, or the acts of government (each, a "Force Majeure Event"). If affected by a Force Majeure Event, Shurpa Gear shall be excused from performance to the extent made necessary by such event.
You and Shurpa Gear agree that the Terms and the relationship between you and Shurpa Gear shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of laws analysis. You and Shurpa Gear hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Jefferson, Colorado or the relevant United States District Court for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and Shurpa Gear irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Shurpa Gear’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shurpa Gear in writing.
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.