Terms of Service

These Terms of Service are a legal agreement between you and Olympus Mons Technology LLC, the company that operates NeighborBox ("NeighborBox", "we", "us", "our"). They apply when you create an account, list an item, book an item, or otherwise use the NeighborBox marketplace, website, or apps (together, the "Marketplace").

You accept these Terms by checking the agreement box at signup and completing registration. That act is your electronic signature and has the same effect as a handwritten signature under the ESIGN Act (15 U.S.C. § 7001) and applicable state law, including the Uniform Electronic Transactions Act as enacted in your state.

You consent to receive these Terms, the Privacy Notice, transaction records, disclosures, and notices electronically. You may request a copy of any record by contacting us at [email protected]. You may withdraw consent to electronic records by closing your account, but that does not affect records created before withdrawal or rights and obligations that already arose.

You represent that you are at least 18 years old, legally able to enter into contracts, and that the information you give us is accurate.

NeighborBox is a marketplace operated by Olympus Mons Technology LLC. We connect people who own items ("owners") with people who want to borrow them ("renters"). The rental agreement for an item is between the owner and the renter. NeighborBox is not a party to that rental agreement.

NeighborBox is not the owner, manufacturer, seller, distributor, carrier, bailee, warehouser, inspector, repairer, or insurer of any item. We do not take possession of items, do not inspect them, and do not guarantee their condition, safety, legality, or suitability for any purpose. Listings and descriptions are created by owners, not by NeighborBox.

We provide tools that help: search and discovery, booking and scheduling, payment processing, messaging, the return inspection, and the damage-claim process. Those tools do not make us the owner of an item or a party to the rental, and do not make us responsible for an owner's or renter's conduct.

"NeighborBox" and "Olympus Mons Technology LLC" together are referred to in these Terms as the "NeighborBox Parties."

You must be 18 or older and able to form a binding contract. You are responsible for your account, your password, and all activity under it. Tell us promptly at [email protected] if you believe your account has been compromised.

You will use the Marketplace only for lawful purposes and only for items you are competent and authorized to transport, operate, or possess. You will follow the law, the owner's reasonable instructions, and the manufacturer's instructions and warnings.

We may suspend or close an account that violates these Terms, creates risk to others, or is required by law. Suspension does not cancel obligations you already incurred.

You understand and voluntarily accept the risks of borrowing and using equipment. Those risks include, without limitation: injury, illness, death, property damage, and financial loss arising from transporting an item to and from the pickup location; loading, unloading, lifting, securing, or storing an item; operating an item; the condition, defects, or failure of an item; the acts or omissions of an owner or another user; weather; traffic; and the environment where an item is used.

You assume all of those risks, whether or not they are described in a listing, and whether or not they are obvious. You are responsible for assessing whether you can safely transport and use an item; for using appropriate protective equipment; for having the skill, licenses, and permits the law requires; and for stopping immediately if an item appears unsafe.

NeighborBox does not supervise, train, or certify renters or owners, and does not provide safety personnel. Where the Marketplace displays a safety acknowledgment for particularly hazardous equipment, that acknowledgment is a reminder, not a substitute for your own judgment or training.

To the maximum extent permitted by law, you release, waive, and discharge the NeighborBox Parties — NeighborBox and Olympus Mons Technology LLC, and each of their officers, directors, members, employees, agents, and contractors — from any and all claims, demands, damages, losses, and causes of action, known or unknown, arising out of or relating to: (a) your transportation, storage, use, or misuse of an item rented through the Marketplace; (b) any injury, illness, death, or property damage arising from that transportation, storage, or use; (c) the condition, defects, or failure of an item; and (d) any act or omission of an owner or another user.

This release applies to claims based on negligence, breach of warranty, strict liability, or any other theory, to the fullest extent the law permits.

What this release does not cover. Nothing in these Terms releases or limits liability for fraud, willful injury or willful misconduct, gross negligence, recklessness, or any other liability that applicable law does not allow to be waived or limited. Nothing in these Terms limits rights you have under mandatory consumer-protection law in your state. If you live in a state that does not allow a release of ordinary negligence for the activity concerned, this section applies only to the extent that state's law allows.

You understand that this release is a material term of the bargain. The prices and availability of the Marketplace are set in reliance on it. You may choose not to use the Marketplace if you do not accept it.

Owners are responsible for describing their items accurately and for disclosing known defects or safety issues.

Renters are responsible for returning an item in the condition it was received, ordinary wear and tear excepted. "Normal wear and tear" means the gradual, expected deterioration from ordinary, proper use — for example, fading, minor surface scuffs from normal handling, or routine cleaning. It does not include breaks, cracks, bends, burns, water damage, missing parts, stains, pet hair or odor requiring professional cleaning, or damage from misuse, neglect, or failure to follow instructions.

NeighborBox and Olympus Mons Technology LLC do not inspect, maintain, repair, or insure items, and are not responsible for wear and tear, deterioration, or damage to an item that occurs during a rental. Normal wear and tear is the owner's cost and may not be charged to the renter. Damage caused by the renter, by a failure to follow instructions, or by a failure to return the item in the condition received is the renter's responsibility to the owner.

Condition photos exchanged at handoff and return are evidence for the inspection and claim process. They do not transfer ownership or make NeighborBox a party to the rental.

If an item is returned damaged beyond normal wear and tear, the owner may charge the renter a damage fee in addition to the rental fee. The damage fee is separate from, and additional to, the rental fee, taxes, delivery fees, and any late fee.

How the fee is set. The owner sets the damage fee at the return inspection, based on the condition of the returned item. The owner must provide a written description of the damage and, where available, photos. The fee must bear a reasonable relationship to the documented repair or replacement cost of the damage. It may not be used to charge for pre-existing damage, normal wear and tear, or ordinary cleaning, and it may not be a penalty unrelated to the loss.

Deposit deduction. If a security deposit was collected for the reservation, the damage fee is deducted from the deposit and the remainder is returned to the renter. The deduction may not exceed the deposit without review through the Marketplace's claim process. Because the deposit is authorization for exactly this kind of loss, the deduction may be completed when the return is inspected.

Notice and dispute. The renter is notified of the damage fee, its description, and any photos. The renter may dispute the deduction. While a dispute is open, no further amount is collected; the owner (or NeighborBox, for escalated claims) reviews the evidence and either upholds the deduction or refunds it. Disputes do not affect the rent, tax, or late fees that are separately owed under the reservation.

Amounts above the deposit. A claimed amount greater than the deposit is handled through the claim process rather than an automatic deduction. NeighborBox may ask for additional evidence and may decline to process a claim that is unsupported or disproportionate.

No platform fee for damage. NeighborBox does not add its own fee to a damage charge; the amount deducted or claimed is the owner's documented loss.

You agree to: pick up and return the item at the agreed times and place; transport it safely and lawfully; use it only as intended and only if competent; keep it secure while in your possession; not sublet, resell, or let others use it without the owner's permission; report damage or loss promptly; and pay amounts you owe under the reservation, these Terms, and the damage-fee process.

You agree to: own or have authority to lend the item; describe it accurately, including known defects and safety requirements; provide lawful and safe pickup; not list prohibited items; inspect the item at return and set any damage fee honestly and only for damage beyond normal wear; and comply with tax and other legal obligations that apply to you.

NeighborBox processes payments for reservations, deposits, taxes, and payouts through third-party payment providers. You authorize the charges described at checkout and in the reservation, including the rental fee, taxes, delivery, late fees, and any deposit or damage deduction permitted by these Terms.

Service fees, if any, are disclosed before you book or list. Taxes are calculated based on the information available at the time and may be adjusted as required by law.

You are responsible for your own taxes arising from amounts you receive as an owner, except for taxes NeighborBox is legally required to collect and remit.

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the NeighborBox Parties from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: your transportation, storage, use, or misuse of an item; your breach of these Terms; your violation of law; or your infringement of another person's rights. This obligation does not require you to indemnify a NeighborBox Party for its own fraud, willful misconduct, or gross negligence where the law prohibits that.

To the maximum extent permitted by law, the NeighborBox Parties are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, arising out of or relating to the Marketplace, even if advised of the possibility.

To the maximum extent permitted by law, the NeighborBox Parties' total liability for all claims arising out of or relating to the Marketplace will not exceed the greater of (a) the service fees NeighborBox actually received for the reservation giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Nothing in this section limits liability that cannot be limited by law, including the carve-outs in §5.

THE MARKETPLACE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NEIGHBORBOX PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY ITEM IS SAFE, LAWFUL, FUNCTIONAL, OR AS DESCRIBED, OR THAT ANY USER WILL PERFORM AS PROMISED. Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Counsel is reviewing whether a state-specific addendum is needed for California, New York, or other states where a release is limited.

Nothing in this section prevents you from bringing a claim in small-claims court or from exercising a non-waivable right.

We may update these Terms. A material change gets a new version and effective date, and we will ask you to accept it before you create a new reservation, publish a listing, open a claim, or request a payout. The version you accepted remains available for review, and our record of your acceptance identifies it. Continuing to use the Marketplace after a change without accepting it does not waive our right to require acceptance.

We may send notices to the email address on your account, through the apps, or by posting them in the Marketplace. You are responsible for keeping your contact information current.

We retain the version of these Terms you accepted and a record of your acceptance, including the version, the digest of the published text, the notice you were shown, the channel, and the time of acceptance. You can request a copy at [email protected].

Severability. If a provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions stay in effect.

Entire agreement. These Terms, the Privacy Notice, and the reservation details are the entire agreement between you and NeighborBox about the Marketplace, and replace prior agreements on that subject.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Survival. Sections that by their nature should survive termination — including §§4–7, 11–13, and 14 — survive.

Olympus Mons Technology LLC (NeighborBox) — [email protected]