TERMS AND CONDITIONS

These Terms and Conditions are a binding legal agreement between you and GOBE that govern your use of the websites, applications, and other offerings from GOBE.

GOBE offers an online service that allows a person or a business organization to publish, offer, search for and book rental equipment (collectively “User(s)”). Users who publish a listing are “Hosts” and Users who book and/or use the equipment are called “Riders.” Hosts offer rental equipment called “Gear”, and each offering of rental equipment is called a “Listing.”

All Users must register as a User and create an account with GOBE in order to engage in any transaction. All Users are responsible for maintaining their account with accurate information. Any contract formed between Users will be between the Users. GOBE will not be a party to any contract formed between Users. GOBE will not act as an agent for any User, with the very narrow exception that GOBE will be collecting payments from the Riders and paying a percentage of each payment to the Host, minus any applicable fees.

1. Our Mission

Our mission is to create a world where you can have adventure anywhere. From paddleboards to surfboards, skis to skateboards, and bikes to mountain climbing gear. GOBE is an application that allows adventure equipment owners to rent out their available equipment to locals and visitors. Browse through Listings to find the Gear that you want to use to make your adventures happen. Learn more about a Listing by reviewing the description and photos, the Host profile, and Rider reviews. If you have questions about the Gear, just message the Host.

2. User Accounts

In order for you to avail yourself of GOBE’s services, you must register as a User and create an account. Registration is only allowed for natural persons over the age of 18 or legal entities such as a partnership or corporation. You represent that you are a natural person over the age of 18 or alegal entity. You further represent that you are not barred under U.S. law or laws of your jurisdictionfrom using GOBE.

3. Authorization to Verify, Edit, or Remove Information

GOBE offers an online platform that allows Users to offer, list, publish, search for, and book reservations for Gear. GOBE does not control the conduct of its Users. You authorize GOBE to monitor the use of the information that you provide to GOBE, and you authorize GOBE to verify any information and edit or remove any information that GOBE deems fit for edit orremoval.

4. Booking Gear on GOBE.
Users can search online for listing that fit their criteria. Users can customize their search by

city, price, type of Gear, and Host.

When you book a Listing, you are agreeing to pay all charges and applicable fees and/or taxes. You are also agreeing that GOBE may charge and collect any security deposit identified during the checkout process. When a Host confirms your reservation for Gear, a contract is formed between you and the Host. The cancellation policy and any other rule associated withthe Listing is part of the contract between you and the Host.

5. Cancellations, Refunds, and Modifications.

In general, as a Rider, if you cancel a reservation, the amount refunded to you will depend on the timing of your cancellation. You may be eligible for a full refund minus a $10 booking fee if you cancel early enough. Typically, a cancellation within 24 hours of the time designated to meet the Host to receive the Gear (the “Pickup Time”) will result in no money being refunded.If a situation is outside of your control (See Force Majeure Clause) you may be eligible for a full refund if you cancel within the 24 hours prior to the Pickup Time. In any event, GOBE will not be involved in nor responsible for any cancellations, refunds, or modifications to the contract between Users.

6. Your Responsibilities and Assumption of Risk as A Rider

As a Rider, you are responsible for your actions. You are also responsible for anyone’s actions who handles the Gear during the time you have the Gear. You must return the Gear at the set time (“Dropoff Time”) in the condition that you received it in, minus normal wear and tear (See “Wear and Tear” in Section 9) and at the designated place (“Meeting Place”).

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire riskarising out of your use of any Gear. You are responsible for determining the safety of anyactivity you choose to engage in with the Gear. For example, if you rent a snowboard, it is your responsibility to be aware of any risk associated with snowboarding. It is not the responsibility of the Host or GOBE to inform you of any particular risk of any activity. Further, you expressly acknowledge and agree to the duty to indemnification as clearly stated in Section 23.

7. Your Responsibilities

As a Host, GOBE offers you the opportunity to loan out your Gear and makemoney while doing so. You will have the control to set your own prices, offering of Gear,

Pickup Time, Meeting Location, and acceptance of an offer from a Rider.

When you accept a request to book based on your Listing(s) from a Rider, or receive a booking confirmation through GOBE, youare entering into a contract with the Rider and you are responsible for providing the Gear at the price and terms that you specified in your Listing.

Your relationship with GOBE is that of an individual or organization. You are not an employee, agent, joint venturer, or partner of GOBE. GOBE will only act in a very limited capacity to host your Listing and to collect payments from Riders on your behalf.

8. Managing Your Listing and Assumption of the Risk as a Host

GOBE provides the interface to make it easy for you to set up and manage your Listing. You must include accurate and complete information in your Listing. This means that your price, description of Gear, photos of Gear, representations regarding the safety and operability of your Gear, etc. must be accurate and complete. Any misleading or deceptive information that you post on GOBE could subject you to removal from GOBE and any other remedy available to GOBE at law or in equity.

You are responsible for following through on your contractual obligations to the Rider. You are responsible for any act or material omission relating to your Listing on GOBE.

As a Host, you understand that there is an inherent risk and agree to assume the risk arising out of any transaction that you engage in relating to any Listing you post on GOBE. You agree that you will follow all applicable laws and that you have availed yourself to any necessary information that would assist you in using GOBE to optimize your safety and other expectations from renting out your Gear on GOBE to Riders.

You agree not to rent Gear that you know is damaged or unfit for use. If there is a known defect in your Gear, but it is still usable, you MUST make the Rider aware of this defect and obtain their acknowledgement of such defect and their agreement to utilize the Gear in the state you disclose to them, if they so choose. You acknowledge that you are aware that any willful or constructive concealment of a defectwill subject you to civil liability in the event of an injury to a Rider. You acknowledge that ifa Rider is injured by your failure, intentional or otherwise, to disclose any defect in your Gear, that GOBE has the right to pursue a claim against you on behalf of the Rider and on behalf of GOBE for any damages to the fullest extent permitted by applicable law.

9. Resolving Complaints and Damage Claims

In the event a User has a good faith belief that another User damaged their Gear, that Userwill make a “Damage Claim” with GOBE. GOBE will investigate and require that the User alleging the damage offer evidence to support the Damage Claim. The other User will be given an opportunity to respond. If GOBE determines that the Damage Claim is valid or the

other user agrees to pay, GOBE can collect any amount to cover the damages. You agree that you will cooperate in the event of a Damage Claim whether you are the alleging party or the party to whom the claim is being brought against. You agree to authorize GOBE to seek indemnification against any applicable insurance policy you have or for GOBE to seek legal remedies against you for the amount of damages.

Normal “wear and tear” will not constitute damage or be a basis for a Damage Claim. Normal wear and tear is any depreciation of the Gear that is associated with its normal use. For example, if a Host rents a bicycle, the wear on the tires, brakes, etc. WILL NOT be considered damage.

10. Cancellations

In general, if a Rider cancels a reservation, the Host will receive a $5 payment. If the Rider cancels within 24 hours of the Pickup Time, the Host will receive the full amount the Host would have received had the Rider not cancelled. Meaning, the Host will receive the full payment.If a Rider cancels for reasons that are outside of his or her control (See Section 28 – Force Majeure Clause) then the Host may only receive the $5 payment even if it is within 24 hours of the PickupTime.

11. Fees

GOBE may charge additional fees and reserves the right to modify fees at any time.

12. Taxes

As a Host, you are responsible for keeping an accurate accounting of your income from using GOBE, and you are responsible for paying any taxes required by law on that income.

In jurisdictions where GOBE is required to collect and/or remit taxes on behalf of the Hosts, you instruct and authorize GOBE to collect such taxes on your behalf, and/or remit such taxes to the relevant tax authority.

In certain jurisdictions, tax laws may require that GOBE collects and/or reports tax information about you, or withhold taxes from any amount owed to you, or both. You must provide GOBE with documentation that allows GOBE to fulfill any obligation it might have regarding taxes it is required to withhold or pay on your behalf.

13. Rules

You must follow these rules and must not help or induce others to break or circumvent these rules:

Follow the laws of your jurisdiction.

Do not misrepresent, deceive, lie, or pretend to be someone you are not.

Do not harass others, seek to exploit users, or in any way do anything harmful to anotherperson.

Do not attempt to hack into GOBE or gain any unauthorized access to its databases.

Do not make any agreements to meet a Host or Rider on GOBE with the intent to circumvent paying GOBE fees.

Do not engage in hazardous or dangerous activity without taking the proper precautions.

14. Reporting Misconduct

If you believe that a GOBE User is not behaving properly, you must report him or her to GOBE immediately.

15. Content.

Any text, photos, audio, video or any other information that you provide to GOBE will be known as “Content.” Any Content that you provide to GOBE by any method by which you choose to provide it, will be deemed by you to be licensed to GOBE. The license that you give GOBE for your Content is non-exclusive, irrevocable, royalty-free, and transferable. This license will allow GOBE to copy, modify, distribute, or publish in any way that GOBEsees fit.

16. Termination

You may terminate this agreement for any future effect by deleting your GOBE account.

17. GOBE’s Right to Terminate

GOBE reserves the right to terminate any user’s account for any reason.

18. Effect of Termination

In the event of a termination of a GOBE User’s account, any monies owed to him or her willbe paid promptly minus any applicable fees as determined in GOBE’s sole discretion.

19. Modification

GOBE reserves the right to modify this agreement at any time.

20. Duration of the Agreement

The duration of this agreement with respect to any transactions you engaged in will continue even if you delete your GOBE account. The agreement will remain in force for any activity you engaged in while using GOBE.

21. Limitations on Liability

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND GOBE. NEITHER GOBE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERIVES PROVIDED BY GOBE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GEAR OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONITIONS, ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF GOBE, OR PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF HOST SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOBE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT FOR GOBE’S OBLIGATION TO TRANSMIT PAYMENTS TO HOSTS UNDER THESE TERMS NAD CONDITIONS, IN NO EVENT WILL GOBE’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR INTERACTION WITH ANY USERS, OR YOUR USE OF OR INABILITY TO USE GOBE, ANY CONTENT, OR ANY HOST SERVICE, EXCEED: (1) TO RIDERS, THE AMOUNT YOU PAID AS A RIDER DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (2) 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, A NOMINAL AMOUNT NOT TO EXCEED FIFTY US DOLLARS.

22. Disclaimer of Warranties

GOBE’s services are provided “as is” and GOBE does not make any warranty. GOBE disclaims all warranties, express and implied. GOBE does not warrant the safety of any

User or the quality of any Users experience with GOBE.

23. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold GOBE and any of its officers, shareholders, agents, and employees harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees,arising out of your use of GOBE’s services.

24. Venue

For all Users, these Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. All disputes related to the use of the services provided by GOBE must be brought in state or federal court in Colorado Springs, Colorado, unless all parties to the dispute agree to an alternate court of competent jurisdiction. Users and GOBE consent to venue and personal jurisdiction in Colorado Springs, Colorado, unless otherwise agreed to as provided for herein.

25. Jury Trial Waiver

You and GOBE both agree to waive any right to a jury trial that would arise out of a dispute with respect to arbitration.

26. No Waiver

GOBE’s failure to exercise or enforce any right vested by law or this agreement is never to be construed as a waiver of rights.

27. Assignment

You may not assign or transfer this agreement or your rights and obligations without the express, written consent of GOBE.

28. Force Majeure

GOBE will 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, disease, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.