Firehousetrade - Terms of Use

WAIVER AND RELEASE OF LIABILITY

All visitors and users to the site, www.firehousetrade.com, acknowledge and agree that the site and owner are in the business of providing internet information only. The site and owner assume no responsibility or liability for the acts, omissions, or conduct of any user of the site, and shall not be liable for any breach of agreement, tort, cause of action claim, demand, or arrangement between users of the site with respect to their particular transactions. By joining this site, the user agrees that it will waive all claims against the website and its owner, and will hold the website and its owner harmless from all claims, causes of action, damages, suits, or harm caused by the site user or suffered by the site user, or member, and will look only the parties to whom it has arranged a trade or swap. Any claims brought against the website for any purpose or its owner shall be brought only in Salt Lake County, State of Utah, with the prevailing party entitled to an award of costs and attorney's fees.

MEMBER AGREEMENT

All members of Firehousetrade.com by virtue of their membership, agree to the following terms and conditions of membership, which shall be binding upon each member unless there is an additional written agreement between the parties that alters or amends the terms of this Agreement.

1. Identity: Each member shall provide the member's full legal name, date of birth, and driver's license number, e-mail address and other content information both to the website and the member utilizing the swap or trade contemplated by this Agreement.

2. Identity of Occupants: Each member prior to occupying a property will provide in writing the name and complete contact information for all members of the party that will be occupying the property. That information for adults will include: name, birth date, driver's license or other public issued ID#, home address, home, cell, and work phone and address. Children will be identified by name and birth date.

3. Emergency Services: Each homeowner shall post on the property contact numbers for friends, family, care takers, or others who can provide emergency assistance, or who should be notified by the occupant in the event of a natural disaster: fire, flood, or other unanticipated occurrence on or near the property.

4. Janitorial and Maintenance: Prior to surrendering a residence for use by another member, the owner of the property will leave the same in a clean and orderly condition. In a like manner, the member who uses the property prior to leaving, shall perform all janitorial functions so that it is in the same, or better condition than when it was vacated by its owner. This includes, but is not limited to laundering of linens, towels, and similar items used during the course of the member's stay in the occupied residence.

5. Use of Personal Property: If the Agreement also provides for the use of personal property, including but not limited to vehicles, boats, motorcycles, ATVs, or any other transportation which requires fuel, the member vacating the property for use shall fill the fuel tank of each item of personal property left for the use of the occupying member. In a like manner, when the occupying member surrenders the residence and personal property back to it's owner, the occupying member will leave all property completely fueled.

6. Damages: In the event that the occupying member damages any item of personal property, that item will be repaired if it can be repaired to its original condition prior to the damage or injury, and if not, it will be replaced. The occupying member shall leave with the owner, or provide prior to the occupancy of the property, all of the occupying member's insurance contact information.

7. Perishables: In the event that the occupying member uses any food or other perishable items, said perishable items will be replenished by the occupying member unless the parties otherwise agree in writing that the consumption of perishables shall be considered part of the agreement between the parties.

8. Utility and Related Expenses: The occupying member agrees that it will not use the owner's phone for long distance phone calls, and if the member does so, the member will reimburse the owner for the cost of the calls. Any pay per view charges or similar charges, which will be billed subsequently to the homeowner, will also be reimbursed upon vacating the property, as soon thereafter as the occupying member receives written notification from the owner of the those charges.

9. Appliances: In the event that any appliance requires special instruction to operate or use in the normal course, said written instructions will be left on the kitchen counter top, or posted on the refrigerator, which will include all codes or other important data so passwords are available to the occupant during the use of the property.

10. Fiduciary Duty: Each member acknowledges that they are acting in a fiduciary capacity with respect to the use of the other's property, and they will treat the property as their own, or better than their own so that the integrity and confidence in the system is not affected. Firehousetrade.com and its owner do not assume any liability for the acts of any of its members in the use of these services, or the services provided by Firehousetrade.com, and the parties have previously read, understood and agreed to the waiver and hold harmless policy of Firehousetrade.com. In addition, Firehousetrade.com will not serve as mediator, arbitrator or fact finder regarding claims between members of the website. It does, however, reserve the right to revoke the membership of any party after having received credible evidence that the party is in breach of the Agreement, or failed to abide by the terms and conditions of membership in Firehousetrade.com.