SharePass Protection Package

This Owner’s Agreement (a) forms a part of (i) any purchases and listings made by Customer (defined below) on any “Add Listing” webpage submitted by Customer (each such submitted webpage, an “Order Form”) that requires Customer to acknowledge its acceptance of and agreement to this Owner’s Agreement as a condition to submitting such Order Form, and (ii) any other Order Form that references this Owner’s Agreement that Trader Interactive, LLC, a Florida limited liability company d/b/a RVTrader Rentals or such other trade name(s) as the company may from time to time utilize in connection with its vehicle-rental business operations (“Trader”) and the owner of the Vehicle identified therein (“Customer”) may execute and deliver or otherwise accept and agree to from time to time, and (b) sets forth additional terms and conditions relating to the provision and use of the Listing Service(s) (defined below) and Customer’s rental of Vehicles (defined below) to Renters over the Platform (defined below). The Order Forms described above, this Owner’s Agreement, the Terms of Use (defined below), the Privacy Policy (defined below), and all attachments, addenda, exhibits and schedules to such documents and other documents incorporated herein or therein by reference are, collectively, the “Agreement.” Capitalized terms that are not defined in this Owner’s Agreement shall have the meanings given those terms under the Order Form or under the Terms of Use (the “Terms of Use”) set forth at https://www.traderinteractive.com/terms/ as of the date on which the Order Form is submitted and accepted by Customer and Trader, respectively, which Terms of Use are incorporated herein by reference and form a part of the “Agreement.”

DEFINED TERMS; LISTING SERVICES
1. The following terms shall have the following meanings assigned to them when used in this Owner’s Agreement.
  1. “Listing” means a Vehicle that is listed by an Owner as available for rental via the Services.
  2. “Platform” means the vehicle rental platform operated by Trader on the Website that permits Users with a registered account on the Website and that own, or have sufficient rights to rent to third parties, a Vehicle (an “Owner”) to list such Vehicle for Renters to request to rent for periods and rental fees selected by the Owner.
  3. “Privacy Policy” means the Privacy Policy of Trader posted on the Website, as it may be amended or restated from time to time.
  4. “Renter” means a User who requests to rent a Vehicle listed via the Services.
  5. “Vehicle” means recreational vehicles (including, without limitation, motor homes, camper vans, pop-up campers and travel trailers), motorcycles, boats, and other powersports vehicles (including, without limitation, ATVs, UTVs, dirt bikes, snowmobiles, and personal watercraft such as jet skis). A rented Vehicle is occasionally referred to herein as a “rental.”
  6. “User” means a person who visits the Website.
  7. “Website” means https://rentals.rvtrader.com/ and/or such other website(s) as Trader may from time to time designate during the term of this Agreement.
2. By submitting an Order Form to Trader to list Vehicles on the Platform for Renters to request to rent, Customer agrees to all of the agreements, representations, warranties, covenants, and conditions set forth in the Agreement, including this Owner’s Agreement, in connection with such requested Listings and any rentals of listed Vehicles to any Renter effected over the Platform.
3. Upon accepting such Order Form submitted by Customer, Trader hereby (i) agrees to provide the listing services ordered by Customer in the Order Form and/or any additional or supplemental order form (collectively, the “Listing Services”), and (ii) grants Customer a non-exclusive, non-transferable, revocable, non-sublicensable, limited license to access and use that Listing Service and the related Trader Proprietary Materials (defined below) solely in connection with the lawful operation of its business expressly identified in the Order Form, in each case, during the term of the Agreement and upon the terms and conditions of the Agreement, including this Owner’s Agreement.
4. Trader may also offer various products, services and/or other solutions that are provided by third parties and interoperate with one or more Listing Services hereunder, including, without limitation, rental payment collection and payment agent services and payment processing services (such products, services and/or other solutions, collectively, “Third-Party Products”). If (but only if) any Third-Party Products are utilized together with Listing Services, Customer expressly acknowledges and agrees that the following terms shall apply with respect to such Third-Party Products: (i) any use by Customer of any Third-Party Products, and any exchange of data between Customer and any provider of such Third-Party Products, is solely between Customer and the applicable third-party provider, and Trader does not warrant or support any Third-Party Products and hereby expressly disclaims any representations or warranties of any type or nature whatsoever with respect to any Third-Party Products; and (ii) in addition to and not in limitation of the foregoing, Customer understands and agrees that (A) Customer shall look solely to the third-party vendor of the applicable Third-Party Products (and not to Trader) for maintenance and support, including but not limited to resolution of system errors, bugs, patches and fixes, and (B) Customer’s sole and exclusive rights and remedies with respect to any Third-Party Products, including rights and remedies in the event any Third-Party Products give rise to an infringement claim, will be against the third-party vendor and not against Trader.
5. Payment processing services for a Customer on the Platform are provided by Stripe, as a Third-Party Product, and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to an Order Form and this Owner’s Agreement, or continuing to operate as an Owner on the Platform, Customer agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Platform enabling payment processing services through Stripe, Customer agrees to provide the Platform accurate and complete information about Customer and its business, and Customer authorizes the Platform to share such information and other transaction information related to Customer’s use of the payment processing services provided by Stripe.
6. The initial term for each Order Form and all Listing Services described therein, unless and until terminated in accordance with Section 11, shall be (A) the initial term set forth in the Order Form, if any, or (B) if no such term is set forth in the Order Form, a period of one (1) year starting on the effective date of such Order Form. Upon expiration of the initial term, the term for each Order Form and all Listing Services described therein shall be (i) renewed or extended in the manner specified in the Order Form, if any, or (ii) if the Order Form does not specify the manner of renewal or extension, automatically renewed on an annual basis (the initial term and any extension or renewal term, the “Contract Period”), in each case, unless and until terminated in accordance with Section 11.
LISTING REQUIREMENTS AND CONDITIONS
1. The Listing Services are intended solely for entities or for individual persons who are 18 or older. Any access to or use of the Services by any individual under the age of 18 is expressly prohibited. By accessing or using the Listing Services, Customer represents and warrants that it is either an entity or an individual of an age of 18 or older.
2. Customer must first establish a Platform Account in order to post Listings. Unless approved by Trader in writing, Customer may not have more than one (1) active Platform Account. Customer covenants to provide true, correct, and complete information during the registration process and to update such information to keep it true, correct, and complete. As part of the Listing Services, all Listings posted and maintained by Customer will be linked to Customer’s Platform Account. A “Platform Account” will be either a Trader Traxx account, for Customers that are dealers of Vehicles, or a MyTrader account, for non-dealer owners of Vehicles.
3. To post a Listing for display to potential Renters, Customer must answer and complete several questions about the Vehicle to be listed, including, but not limited to, the value, location, size, features, availability of the Vehicle, pricing, related rules, and financial terms. Customer warrants that all information regarding the Vehicle submitted to the Platform in connection with the Listing will be true, correct, and complete, and Customer covenants to update such information periodically to ensure that the Listing remains true, correct, and complete.
4. Without limiting the foregoing, Customer represents, warrants, and covenants, as applicable, that (i) each Vehicle that is the subject of a Listing will be clean and in good operating condition, (ii) all information regarding the Vehicle included in the applicable listing on the Platform is accurate and complete in all respects, (iii) Customer has and will maintain clean and valid title to (or a valid leasehold interest in) each Vehicle, for the duration of the period during which the Vehicle is advertised in any Listing on the Platform, and (iv) any Vehicle that is the subject of a Listing will actually be available for rental by a prospective Renter during the periods the Listing indicates that such Vehicle will be available.
5. Trader has engaged SharePass, LLC, a subsidiary of DigiSure Insurance Solutions, Inc. (hereafter “SharePass”) to serve as a third-party contractor to the parties in order to provide insurance-related products and services described in the Rental Agreement in connection with the rental of the Vehicles by Renter from Owner (as further described in the Rental Agreement, the “SharePass Protection Package”). In order for Customer to have a Vehicle that is the subject of a Listing covered by the SharePass Protection Package during any rental effected over the Platform, the Vehicle must satisfy each of the following requirements: (i) the Vehicle must have a valid vehicle registration, (ii) there are no salvage or branded titles regarding the Vehicle, (iii) there are no outstanding safety recalls on the Vehicle, (iv) the Vehicle must have fewer than 120,000 miles, (v) the Vehicle must be less than 10 years old and (vi) the Vehicle must be less than 38' in length. SharePass reserves the right to request proof of inspection and service records as part of any claims process, and failure to provide such materials may result in a denial of applicable claims for coverage.
6. Customer acknowledges and agrees that Customer is responsible for any and all Listings that it posts. Accordingly, Customer represents, warrants, and covenants, as applicable, that any Listings posted by Customer, the rental of any Vehicle described therein, and the use of any Vehicle therein by a Renter accepted by Customer, (i) will not breach any agreements that Customer has entered into with any third parties or otherwise conflict with, infringe, or violate the rights of third parties, and (ii) will be in compliance with all applicable laws, rules, and regulations that may apply to such Vehicle, including, without limitation, insurance requirements, Department of Motor Vehicle regulations, zoning laws, laws governing false or misleading advertisements, and laws governing rentals and operation of Vehicles. Customer acknowledges and agrees that Trader does not assume any responsibility for Customer’s compliance with any applicable laws, rules and regulations.
7. Without limiting Sections 2.d and 2.e above, Customer covenants to obtain and maintain at its sole cost and expense insurance policies that (i) provide coverage for all Vehicles and any liability arising out of any Vehicle’s operation or use by any Renter or Additional Driver during the period of any Renter’s rental of the applicable Vehicle and (ii) contain limits and coverages that are sufficient to satisfy any applicable laws, rules, or regulations regarding minimum insurance requirements in the state in which each such Vehicle is registered. Customer acknowledges and agrees that neither Trader nor SharePass have any responsibility for ensuring that the insurance coverages and limits applicable to any Vehicle and any use or operation thereof by Renter or any other party satisfy any minimum insurance laws, rules, or regulations of any state.
8. Notwithstanding Customer’s responsibility for all Listings posted/provided by Customer hereunder, and unless expressly prohibited by Customer in writing (email sufficing), Trader shall have the right (but not the obligation) to update Customer’s Listings from time to time based on publicly available information in an effort to keep such Listings as current as possible. (By way of example and not necessarily limitation, Trader could review Customer’s website periodically, and if during such review Trader discovers (i) a listing for a Vehicle that is not already included in the Listings provided by Customer, then Trader could add that Vehicle listing to the Platform, or (ii) that the Listings posted on the Platform include a Vehicle that is not listed on Customer’s website, then Trader could remove that Vehicle listing from the Platform.)
9. Trader reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Trader, in its sole discretion, considers to be objectionable for any reason, in violation of this Owner’s Agreement or otherwise harmful to the Platform.
10. Customer may not refuse to rent a Vehicle to a given Renter or impose varying reservation terms or fees on Renters based on race, ethnicity, color, national origin, sexual orientation, gender identity, religion, or marital status. If Trader determines or has good faith reason to believe that Customer has violated the foregoing sentence, Trader shall have the right to take immediate steps to enforce this policy, up to and including terminating Customer from the Platform and all Listing Services.
11. Customer may not use the Listings Services to identify and/or communicate with a Renter on the Platform and then complete a rental transaction directly with such Renter outside of the Platform, such that Customer and Renter are able to circumvent the obligation to pay any fees or other amounts that would otherwise be payable to Trader, SharePass or other vendors on the Platform related to the provision of the Listing Services. In addition to and not in limitation of any other remedies available for Customer’s breach of this provision, (i) if Trader has reasonable, good faith cause to believe that the Customer has completed a transaction directly with the Renter outside of the Platform, then (ii) Trader shall have the right to collect from the Customer the Fees (defined below) that would have otherwise been payable to Trader hereunder had the Renter’s rental transaction been consummated through the Platform under this Agreement.
12. As additional consideration for the services provided by Trader to Customer hereunder, and as a material inducement to cause Trader to enter into this Agreement, Customer acknowledges, confirms and agrees that (i) Customer will not list its Vehicle(s) for rent on any other website, social media site or other print or electronic platform at a rental amount less than Customers lists its Vehicle(s) on the Trader Platform under this Agreement (the “Listing Price Guarantee”), and (ii) if Trader determines in good faith, based on publicly-available information or otherwise, that Customer has breached or otherwise violated the Listing Price Guarantee described above, then Trader may subtract and withhold (and retain for Trader’s own account) from any amounts owed by Trader to Customer hereunder the difference between the rental rate for the Vehicle Listing on Trader’s Platform and the rental rate listed on any other media in violation of the Listing Price Guarantee.
RENTALS; RENTERS
1. Customer acknowledges and agrees that Trader does not act as an insurer or as a contracting agent for Customer as an Owner. If a Renter requests a booking of Customer’s Vehicles and uses Customer’s Vehicles, any agreement Customer enters into with such Renter is between Customer and the Renter, and except to the extent expressly set forth therein (if at all) Trader is not a party thereto. Customer acknowledges and agrees that Customer’s sole and exclusive rights and remedies with respect to any rental or use of Customer’s Vehicles by or on behalf of a Renter, including rights and remedies in the event any of damage, theft, vandalism, or destruction of any such Vehicle during such rental or any fines, penalties, tickets, or other liabilities incurred by or on behalf of a Renter during such rental, will be against the Renter and not against Trader.
2. Renters are responsible for any damages to a Vehicle rented through the Platform. Customer hereby releases and discharges Trader from, covenants not to sue Trader as a result of, and shall indemnify, defend (at Trader’s option), and hold harmless Trader and its directors, members, managers, officers, employees, contractors, and advisors from and against, any and all claims (direct or indirect), liabilities, losses, demands, proceedings, damages, expenses, costs (including attorney’s fees) and other amounts resulting from any damages, injuries, insurance claims, towing, service or repairs, tolls, fines, traffic violations relating to a Vehicle, or any theft or destruction of a Vehicle, that is rented over the Platform.
3. Renters shall be required by Trader to provide accurate and complete information regarding the Renter’s identity, and Trader or its contractors may make inquiries and perform checks to validate a Renter’s identity and collect information about the Renter. Notwithstanding the foregoing, Customer acknowledges and agrees that Trader does not endorse or provide any representations and warranties with respect to the identity, suitability, skill, or qualifications of any Renters. Customer acknowledges and agrees that it is solely responsible for determining the identity, suitability, skill, and qualifications of others desiring to rent Customer’s Vehicles.
4. Trader cannot confirm, and does not confirm, that the Renter(s) that arrives at the agreed upon pick-up location for a rental is the same person that submitted the request for the rental via the Platform. Therefore, at the start of a rental, Customer is solely responsible for completing the following steps to ensure a safe and enjoyable experience for the Renter:
  1. Verify the driver’s license and required endorsements, if applicable, for each named driver that arrives in person at the pick-up location;
  2. If renting an RV, advise and consult with Renters on all pertinent systems in the RV, including climate control systems, awnings, slide-outs, leveling jacks, generator, power management, power hookup, kitchen equipment, bedroom, water hookup, and fluids systems;
  3. If renting a Trailer, ensure the Renter knows how to properly hitch the trailer and make sure the hitch is properly attached when Renter is departing from the pick-up location; and
  4. If renting a Powersports Vehicle, ensure that the Renter knows how to properly operate the Vehicle and is aware of all pertinent systems and safety requirements.

BOOKINGS AND FINANCIAL TERMS
1. Customer understands and agrees that once a Renter requests a rental of Customer’s Vehicle, the price for such rental may not be altered without Customer contacting Trader and obtaining Trader’s express permission to change such rental price. If Customer does not wish to accept the rental request at the rental price provided in the request, Customer must reject the request and then change the offered price.
2. If a Renter requests to rent Customer’s Vehicle over the Platform, Customer will receive a notice via the Listing Services containing (i) the first and last name of the Renter who has requested the booking, and (ii) a link to the booking details. Customer must accept or reject such requested rental within 24 hours after receiving such request notice. Customer’s decision to accept or reject will be exercised at Customer’s sole discretion, subject to the conditions stated herein and provided such decision is made in compliance with applicable law. If Customer fails to accept or reject within such 24-hour period, the requested rental may be automatically rejected, and Customer will not receive any fees or other amounts resulting from such requested rental. When Customer accepts a rental requested by a Renter, Trader will send Customer an email, text message or message via the Listing Services confirming such rental acceptance, depending on the notification preferences selected by Customer via the Listing Services.
3. Upon accepting a rental requested by a Renter, Customer and Renter shall enter into a Rental Agreement with respect to the requested rental. The “Rental Agreement” shall consist of (i) the rental agreement that Customer utilizes in connection with its rental of Vehicles at the time of Renter’s booking request and Customer’s acceptance, and/or such other terms and conditions that Customer requires a Renter to agree to and comply with as a condition to renting a Vehicle (either or all of which Customer may input/submit to its Platform Account), as modified by (ii) the Booking Form accepted by each of Customer and the Renter that sets forth the specific rental fees, rental period, rented Vehicle, and other terms and conditions specified by Customer in the Listing and accepted by Renter via the rental request (each, a “Booking Form”). Payment of all amounts by Renter as compensation for such rental shall be governed by the Rental Agreement.
4. Customer acknowledges and agrees that as a condition to the Renter booking and renting a Vehicle over the Platform, Trader may require the Renter, in connection with such booking, to agree to and comply with additional terms and conditions directly with Trader and separate from the Rental Agreement (the “Transaction Terms”).
5. Payment Agent.
  1. Customer hereby appoints Trader and/or its third party contractors as Customer’s limited payment collection agent (the “Payment Agent”) solely for the limited purpose of receiving and accepting payment of all Rental Charges (defined below) and other amounts that are charged to and payable by a Renter under any Rental Agreement. Customer agrees that the Payment Agent’s sole obligation and responsibility shall be to receive and accept payment for all Rental Charges and other such amounts payable by a Renter under a Rental Agreement and to remit such Rental Charges and amounts, less applicable Fees and other charges or amounts that may be due to others, to Customer.
  2. Customer agrees that payment made by a Renter to the Payment Agent through the Platform shall be considered the same as a payment made directly to Customer, and Customer will provide the purchased services and rented Vehicle and other items to the Renter in the agreed-upon manner as if Customer had received the payment directly from the Renter. Customer agrees that the Payment Agent may refund the Renter in accordance with the Cancellation Policy and/or the Rental Agreement. Customer understands and agrees that the Payment Agent’s obligation to pay Customer is subject to and conditioned upon successful receipt of the associated payments from Renters. The Payment Agent guarantees payments to Customer only for such amounts that have been successfully received by the Payment Agent from Renters in accordance with the Rental Agreement and the Transaction Terms, less any Fees. In accepting appointment as the limited payment collection agent of Customer, the Payment Agent assumes no liability for any acts or omissions of Customer.
  3. Customer acknowledges and agrees that Trader charges Customer certain fees (“Fees”) upon confirmation of an accepted rental for a Vehicle. The Fees shall equal fifteen percent (15%) of (i) the nightly or daily rental fees and (ii) any mandatory charges (such as insurance and preparation or cleaning fees) required of and charged to Renter under the Rental Agreement (the “Rental Charges”), excluding any separate fees that are charged by Trader directly to the Renter upon entering into a Rental Agreement. For purposes of determining the Fees, Rental Charges do not include charges for any optional add-on products or services offered by Customer and purchased by the Renter. The Fees are automatically deducted from the payout to Customer of Rental Charges from a confirmed rental. Trader reserves the right to charge Renters separate fees in its discretion. The Payment Agent will (A) collect the applicable Rental Charges from the Renter, (B) deduct from the Rental Charges and remit to Trader all Fees, as well as any other charges or amounts that may be due to others (including, but not necessary limited to, a three percent (3%) credit card processing fee), and (C) remit the payout balance to Customer. Notwithstanding the appointment by Trader as Payment Agent, Customer is responsible for paying any Fees that Customer owes to Trader.
  4. In addition to any Fees and other amounts payable by Customer under the Agreement, Trader shall have right to impose a penalty of up to One Hundred Dollars ($100) per incident in the event Customer commits or omits to take, as the case may be, any of the following actions: (A) cancelling a confirmed Vehicle rental booking without acceptable cause, as determined by Trader in its reasonable discretion; (B) promoting or otherwise including incorrect or misleading information in any of its Listings provided to Trader hereunder; (C) promoting or including in its Listings provided to Trader any Vehicle that is not “road legal” (for instance, a Vehicle with an expired registration); and (D) misrepresenting itself or its Vehicles or otherwise circumventing (or attempting to circumvent) the Platform or any other products or services provided by Trader to Customer hereunder.
6. Taxes.
  1. All Fees are exclusive of any federal, state, and local excise, sales, use, and other taxes that any governmental agency, department, or authority (each, a “Tax Authority”) with jurisdiction in the location where the Vehicle is located or over the Platform may now or hereafter levy or impose on the provision of Listing Services or the rental of a Vehicle by Customer to a Renter (collectively, “Taxes”). Unless otherwise agreed by Trader in writing or as otherwise required by applicable law, as between the parties, Customer is solely responsible for determining and satisfying its obligations to report, collect, and remit any applicable Taxes that may be due with respect to the listing or the rental of a Vehicle.
  2. Unless otherwise required by applicable law, Customer shall indemnify, defend (at Trader’s option), and hold Trader harmless from and against any and all Taxes and related penalties, fines, and interest that may be imposed or assessed by any Tax Authority as a result of or arising out of any of Customer’s Vehicles, Customer’s rental of a Vehicle to any Renter, and any Rental Charges paid or payable by any Renter to Customer, as well as any and all claims, proceedings, demands, suits, actions, assessments, liabilities, losses, damages, costs, expenses, and judgments that result from or arise out of any such Taxes.
7. Any cancellation of a rental by a Renter or by Customer, and any Fees, if any, that may be due from Customer to Trader or any rental fees that may be due from Renter to Customer, each as a result of such cancelled rental, shall be governed by the “Cancellation Policy” set forth in the Rental Agreement.
8. Trader may modify any Fees payable under the Agreement for new rentals by giving Customer at least thirty (30) days’ prior written notice from time to time. Any such Fee modification shall not require an affirmative response by Customer or any further action by the parties before the Fee modification goes into effect. If Customer does not timely cancel and remove the applicable Listings before the date on which such Fee modification is effective, then such Fee modification shall be effective (and binding on Customer) as of the date specified in Trader’s initial notice with respect to such Listings with no further action by either party.
SYSTEMS
1. Customer acknowledges and agrees that (i) in order to transact business using various applicable Listing Services, certain capabilities are required of Customer’s computing and telecommunications equipment (both hardware and software), (ii) Customer is obligated to procure and install for its use, at its own expense, all equipment and infrastructure that is necessary to access and otherwise receive the benefit of the applicable Listing Services, and (iii) Trader shall not be responsible or liable if for any reason Customer’s telecommunications and computing equipment is incompatible with or otherwise insufficient for Customer to utilize any applicable Listing Services.
2. Customer further acknowledges and agrees that (i) Trader, in its discretion, may collect, track, analyze and/or create information and reports (collectively, “Results Reports”) related to each of (A) activities and/or results obtained in connection with Customer’s use of the Listing Services, including, without limitation, analytics data, measurement data, and other data regarding the use and/or effectiveness of any Listing Services (collectively, “Analytics Data”), (B) rental leads generated in connection with the provision of the Listing Services, including, without limitation, all information supplied by the prospective Renter, including their name, email address and phone number (collectively, “Lead Data”); and (C) Listings Data and Customer Content (each defined below); and (ii) in furtherance thereof, Trader may install certain tracking pixels or other similar tools on the Website and the Customer Content included therein (including photos) and use those pixels and tools to collect information relating to such use of the applicable Listing Services and/or any Analytics Data, Lead Data, Listings Data, or Customer Content.
COMPLIANCE
1. Customer represents, warrants and covenants that it is currently in compliance, and shall continue to comply, with all federal, state and local laws, rules, regulations and ordinances applicable to the Agreement and its use of the Listing Services, including in each case to the extent applicable, but not necessarily limited to, the requirements of the Gramm-Leach-Bliley Act (15 U.S.C. §§ 6801 et seq.), the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 USC §§ 6101 et seq.), the Telephone Consumer Protection Act of 1991 (47 USC § 227), the Telemarketing Sales Rule (16 CFR Part 310), and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), in each case as amended from time to time and including the accompanying federal regulations related thereto, any other applicable federal or state requirements regarding use of the Listing Services. Customer further warrants and covenants that it shall comply with all policies and procedures in respect of the use of the Listing Services that Trader may provide to Customer from time to time, including, without limitation, the Privacy Policy. Without limiting the foregoing, Customer will not use any personal or contact information of a prospective or actual Renter received from Trader via the Platform for any purpose other than Customer’s performing its obligations and enforcing and exercising its rights under the Rental Agreement.
2. Customer acknowledges and agrees that, as between Customer and Trader, Customer is solely responsible for all information, content, messages, editorial content, music recordings, photographs, videos, artwork or other similar content that is included within or displayed on any Listing through any Listing Service or the Platform (such content, except to the extent it incorporates any Trader Proprietary Material, is collectively the “Customer Content”). Without limiting the foregoing, Customer represents and warrants to Trader that (i) Customer owns the Customer Content and/or (ii) all licenses, rights and other permissions from third parties (including but not limited to ASCAP, BMI and the Copyright Clearance Center) that are necessary to display or distribute the Customer Content through the applicable Listing Services shall be obtained (for the benefit of Customer and Trader) and fully paid before such display and/or distribution commences and, further, shall thereafter be maintained in full force and effect by Customer for so long as such distribution continues hereunder. Customer acknowledges and agrees that Trader has not undertaken, and will not undertake, any obligation to investigate or evaluate the extent to which the display or distribution of any Customer Content infringes upon or misappropriates any right of any third party or is otherwise permissible.