Terms of Service
TERMS OF SERVICE
Updated as of June 17th, 2023
By using our services, you agree to these Terms of Service, which form a binding contract between you and WEquip. It can be tempting to avoid reading them, but it’s important to establish what you can expect from us, and what we expect from you. Please read them carefully.
TERMS OF SERVICE
1. Use of the WEquip Service
1.1. Eligibility. You may use the WEquip Service only if you can form a binding contract with WEquip, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the WEquip Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms of Service. WEquip reserves the right to approve or reject any Users from joining or continuing to use the WEquip Service, except as prohibited by applicable law.
1.2. Limited License. Subject to these Terms of Service, we hereby grant to you a non-exclusive, limited, non-transferable, freely revocable license to use the WEquip Service solely as permitted by the features of the WEquip Service for your personal (it doesn’t extend to anyone else) and non-transferable (not for resale to others) use. WEquip reserves all rights not expressly granted herein in the WEquip Service and the WEquip Content (as defined below). WEquip may terminate this license at any time for any reason or no reason.
1.3. WEquip Accounts.
(a) Your WEquip account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We may maintain different types of accounts for different types of Users. If you open a WEquip account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant to us that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf. By connecting to the WEquip Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account.
(b) You must notify WEquip immediately of any breach of security or unauthorized use of your account. WEquip will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the WEquip Service by changing the settings in your profile page. By providing WEquip your email address you consent to our using the email address to send you WEquip Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the WEquip Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4. WEquip Service Rules. You agree not to: download, copy, distribute, or disclose any part of the WEquip Service in any medium, including without limitation by any automated or non-automated “scraping”; use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the WEquip Service or any content on the WEquip Service in a manner that sends more request messages to the WEquip servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; transmit spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations);attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the WEquip Service; or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; or interfere with the proper working of the WEquip Service; upload invalid data, viruses, worms, or other software agents through the WEquip Service; collect or harvest any personally identifiable information, including, but not limited to, account names, from the WEquip Service; use the WEquip Service for any commercial solicitation purposes; impersonate another person, hide your identity or commit fraud; modify, disassemble, decompile or reverse engineer the WEquip Service, except to the extent that such restriction is expressly prohibited by law; transact in any counterfeit or illegal items, or use the WEquip Service in violation of applicable law; use the WEquip Service to harass or abuse another User; or bypass the measures we may use to prevent or restrict access to the WEquip Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the WEquip Service or the content therein.
1.5. Changes to the WEquip Service. WEquip reserves the right to change or to cease providing the WEquip Service at any time and without prior notice. We may permanently or temporarily terminate or suspend your access to the WEquip Service for any or no reason, including without limitation if in our sole determination you violate any provision of these Terms of Service. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
1.6. Disputes with Other Users. You are solely responsible for your interactions with other Users, including but not limited to, any Transactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WEquip shall have no liability for your interactions with other Users, or for any User's action or inaction.
2. Your User Content
2.1. User Content. Your “User Content” means all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the WEquip Service, on any of our social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any WEquip promoted hashtag. All User Content is deemed nonconfidential. You understand that certain portions of the WEquip Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the WEquip Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms of Service.
2.2. Your Ownership of User Content. Your User Content remains yours, which means that you retain any intellectual property rights that you have in your User Content. We need your permission (known as a ‘license’) if your intellectual property rights restrict our use of your User Content. This license covers your User Content if that content is protected by intellectual property rights. This license doesn’t affect your privacy rights, it’s only about your intellectual property rights.
2.3. Our License to Use Your User Content. You grant to WEquip a worldwide (valid anywhere in the world), non-exclusive (you can license your User Content to others), royalty-free (we do not owe or pay any monetary fees) license to: host, reproduce, distribute, communicate, and use your User Content — for example, to save your User Content on our systems and make it accessible from anywhere you go; publish, publicly perform, or publicly display your User Content, if you’ve made it visible to others; modify and create derivative works based on your User Content, such as reformatting or translating it; and sublicense these rights to: other users to allow the services to work as designed, such as enabling you to share photos with people you choose, and our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described below.
2.4. License Limitations. This license to use your User Content is for the limited purposes of: operating and improving the WEquip Service; to customize our services for you; to use the User Content you’ve shared publicly to promote the WEquip Service; and to develop new technologies and services consistent with these Terms of Service.
2.5. License Duration. This license lasts for as long as your User Content is protected by intellectual property rights. If you remove from our services any User Content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time.
2.6. Your Assurances to WEquip Regarding User Content. By submitting or posting User Content on the WEquip Service, or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant to us that: you have the rights to grant all of the rights and licenses in these Terms of Service without the need for payment to you or any other person or entity; you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; your User Content and WEquip's use thereof as contemplated by these Terms of Service and the WEquip Service will not violate any law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights; the User Content does not (a) contain false or misleading information, (b) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (c) contain any addresses, email addresses, phone numbers or any contact information, or (d) contain computer viruses, worms or other harmful files; and to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
2.7. Your Obligations Regarding User Content. You are solely responsible for the User Content and you hereby agree to indemnify and hold WEquip and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
3. Our Proprietary Rights
3.1. Intellectual Property. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, database rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.2. Our Rights; WEquip Content. Except for your User Content, the WEquip Service and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “WEquip Content”), and all Intellectual Property Rights related thereto, are the exclusive property of WEquip and its licensors (including without limitation other Users who post User Content to the WEquip Service). Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WEquip Content. Use of the WEquip Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
3.3. WEquip Service Feedback. You may choose to or we may invite you to submit comments or ideas about the WEquip Service, including without limitation about how to improve the WEquip Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WEquip under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, WEquip does not waive any rights to use similar or related ideas previously known to WEquip, or developed by its employees, or obtained from sources other than you.
4. Specific Terms for Owners
4.1. Transaction Acceptance and Cancellation. Transactions are solely between the Owner and Renter. WEquip is not a party to any Transaction. You may accept or reject any request from a Renter to enter into a Transaction at your sole discretion. Once you accept a request to enter into a Transaction, a legally binding agreement is formed between you and the applicable Renter. Once you enter into a Transaction with a Renter, you agree to be responsive to the Renter and to communicate with them to coordinate the delivery and return of the Item. If you, as an Owner, cancel a Transaction after you accept the Renter's request, you shall be liable to pay, and you authorize WEquip and its third-party payment processor to charge your payment method for, a cancellation charge of thirty percent (30%) of the Transaction Fee (as defined below) and WEquip may, at its sole discretion, credit the applicable Renter's account for a portion of your cancellation charge.
4.2. Item Listings and Descriptions. When listing an Item for Renters to borrow through the WEquip Service, Owners must: (i) provide complete and accurate information and descriptions about the Items; (ii) disclose any deficiencies, restrictions, and requirements that apply; and (iii) provide any other pertinent information requested by WEquip. Images or videos used in the Owner’s Item listings must accurately reflect the quality and condition of your Items. WEquip reserves the right to require that Item listings and descriptions have a minimum number of images or videos of a certain format, size and resolution.
4.3. Transaction Fee and Acceptance; Payment. (a) Owners are solely responsible for setting a price (including without limitation any taxes if applicable, or charges such as delivery fees) for the Renter to rent Items (“Transaction Fee”). Once a Renter requests to borrow your Items, you may not request that the Renter pay a higher price than in the request, nor may you do any subsequent verification of the Renter. WEquip shall remit payment to you of the Transaction Fee (exclusive of the WEquip Commission (as defined below), no later than twenty-four (24) hours after scheduled start of the Renter's Item rental. Payment shall be in the form you select when you register for the WEquip Service, or as subsequently updated as permitted by the WEquip Service.(b) WEquip reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms of Service or amounts due to any breach of these Terms of Service by you, pending WEquip's reasonable investigation of such breach. WEquip also reserves the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information.(c) If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the WEquip Service. You agree to indemnify and hold us harmless from all claims related to taxes and government fees (excluding any taxes on our income), including any penalties and interest (“Tax Liabilities”) that may result from your use of the WEquip Service. You agree that (i) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (ii) you are solely responsible and liable for payment of Tax Liabilities; and (iii) you shall not seek reimbursement from us for Tax Liabilities.(d) If you dispute any payment made hereunder, you must notify WEquip in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify WEquip shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes or other amounts from payments due to you as required by law.
4.4 Prohibited Items. You will not list or loan the following Items on the WEquip Service: (i) alcohol, tobacco, drugs and drug paraphernalia; (ii) illegal items, items promoting illegal activity and highly regulated items; (iii) pornography or mature content; (iv) items that violate the Intellectual Property Rights or other proprietary rights of any third party; (v) animals and animal products; and/or (vi) any Items that are not clean or in good condition. WEquip reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the WEquip Service, whether or not they are included on this list of prohibited Items.
4.5. Owner’s Representations and Warranties Regarding Items. When you enter into a Transaction as an Owner, you represent and warrant that: (i) you are in possession of all licenses and permits necessary to provide the Items to the Renters and WEquip pursuant to these Terms of Service; and (ii) the Items, your provision of the Items, and WEquip's and Renters' use of the Items under these Terms of Service will (a) not breach any agreements you have entered into with any third parties, (b) comply with all applicable laws, tax requirements, and other rules and regulations, and (c) will not violate any third party's proprietary rights, including, but not limited to, any Intellectual Property Rights and privacy rights.
4.6. Special Terms for Storage. If you offer to lend out your storage space (including, but not limited to, garages, lofts, attics, rooms, storage units, studios, and driveways), you acknowledge and agree that you: (i) are entirely responsible for providing proper security for the items being stored in your Items; (ii) are responsible for maintaining the condition of the storage space, to at least the condition that it is in when the Renter agrees to leave their items in the storage space; and (iii) are responsible for the care and protection of any and all Renter items contained in your storage space.
4.7. Item Rankings. The placement and ranking of Items in search results on the WEquip Service may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of images, customer service and cancellation history, and Reviews (as defined below) and Ratings (as defined below).
4.8. Owner Guarantee. As part of the WEquip Service, WEquip may allow Owner’s to be compensated for any Items that are lost, stolen, or damaged by filing a claim with WEquip. Details about the guarantee, including, but not limited to, any eligibility requirements, can be found at https://www.wequipusa.com/owner-guarantee. WEquip reserves the right to discontinue this Owner Guarantee for any or no reason and without notice to you or to Owners generally.
4.9. Special Terms for Heavy Equipment. As an Owner renting out heavy equipment, including but not limited to compact equipment (compact track loader, wheeled skid steer, mini excavators, backhoes, tractors), heavy earthmoving equipment (excavators, wheel loaders, dozers, water trucks), lifts and aerials (forklifts, scissor lifts, articulating boom lifts, straight boom lifts, towable boom lifts), surveying equipment, and golf carts, you are required to have your Renter purchase additional short-term Insurance coverage as these Items are not covered by WEquip's Owner Guarantee. Additional insurance coverage should be purchased through JT BATES GROUP at https://store.jtbatesgroup.com/product/purchase-rental-shield/. Once purchased, proof of insurance should be emailed to WEquip at email@example.com and retained by both the Owner and Renter.
4.10. Assumption of Risk; Release of Claims. AS AN OWENR, YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT TO LENDING YOUR ITEMS TO RENTERS IN CONNECTION WITH A TRANSACTION, INCLUDING BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF YOUR ITEM(S) AND THAT YOU ASSUME ALL RISK IN CONNECTION WITH LENDING YOUR ITEM(S) THROUGH THE WEQUIP SERVICE. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE WEQUIP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEQUIP SERVICE AS AN OWNER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTION(S) THAT YOU MAY ENTER INTO ON THE WEQUIP SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE “LIMITATION OF LIABILITY” SECTION OF THESE TERMS OF SERVICE SHALL APPLY TO THIS RELEASE.
5. Specific Terms for Renters
5.1. Requests to Borrow. Transactions are solely between the Owner and Renter. WEquip is not a party to any Transaction. Subject to meeting any and all requirements set by WEquip and/or the Owner, you may borrow an Item through the WEquip Service by submitting a request to the Owner through the WEquip Service. WEquip reserves the right, but is under no obligation to, verify your request prior to delivering it to the applicable Owner. You may withdraw your request to borrow an Item without any charge or liability by notifying WEquip, provided such withdrawal is effected prior to the Owner's acceptance of the request.
5.2. Transaction Fee. The Transaction Fee will be presented to you prior to submitting your request to borrow an Item. Upon receipt of a booking confirmation from WEquip, a legally binding agreement is formed between you and the applicable Owner and you agree to pay the Transaction Fee attributable to the applicable Transaction, which shall be non-refundable, even if you cancel the Transaction.
5.3. Limited License and Return. You understand that when you enter into a Transaction, you are being granted a limited license granted by the Owner to borrow and use the Item for the period identified in your borrowing request. You agree to return the Items no later than the time that is indicated in the accepted borrowing request; provided that, you may request to extend the rental period from the Owner, who may choose to extend the rental period at the Owner's sole discretion. If you retain the Item beyond the agreed upon time or fail to use reasonable efforts to communicate with the Owner during your rental period to coordinate delivery and return of the Item, you no longer have a license to borrow and use the Item and the Owner is entitled to make you return the Items in a manner consistent with applicable law. In addition, you agree to pay for each twenty-four (24) hour period (or any portion thereof) that you retain the Item, an additional fee of up to two (2) times the average daily Transaction Fee originally paid by you to cover the inconvenience suffered by the Owner and WEquip, plus all applicable taxes, and any legal expenses incurred by the Owner and WEquip to make you return the Item unless and until such late fees reach the estimated value (as reasonably determined by WEquip) of the retained Items. You authorize WEquip and its third-party payment processors to charge your payment method for the fees described in this Section.
5.4. Damages to Items. Renters are responsible for returning the Item to the Owner in the condition it was in when they received the Item. Renters are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite to, or otherwise provide access to or use of the Item, excluding the Owner. In the event the Item is damaged (excluding normal wear and tear), lost, stolen or destroyed, the Renter agrees that WEquip and its third-party payment processors may charge the Renter’s payment method for up to the fair market value of the applicable Item to compensate for such damage, loss, or destruction of the Item.
5.5. Renter Representations and Warranties. By submitting a request to enter into a Transaction with an Owner, the Renter represents and warrants to WEquip and the Owner that: (i) Renter has read and accepted the description of the Item provided by the Owner; (ii) Renter has the funds available to cover the required payment Transaction Fee and any late charges for any Items retained after the rental period; (iii) Renter accepts responsibility for the Item and agrees to pay any late fees and charges in accordance with the terms of this Section 5; and (iv) Renter agrees to use the Item for its intended purposes and in compliance with any and all applicable laws, rules, and regulations.
5.6. Special Terms for Storage. If the Renter borrows storage space from an Owner, the Renter acknowledges and agrees that: (i) Renter will not store any hazardous materials in the storage space, including, but not limited to, any exotic animals or explosives; (ii) Renter will not store items or goods that have a fair market value in excess of $30,000.00; and (iii) Renter will not store any items in the Owner's storage space that Owners are not allowed to loan to Renters through the WEquip Service (see Section 4.4 above).
5.7. Assumption of Risk; Release of Claims. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE WEQUIP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEQUIP SERVICE AS A RENTER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTION(S) THAT YOU MAY ENTER INTO ON THE WEQUIP SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE “LIMITATION OF LIABILITY” SECTION OF THESE TERMS OF SERVICE SHALL APPLY TO THIS RELEASE.
6. Fees and Payment Terms
6.1. WEquip Commission. WEquip receives a commission that is deducted and retained from the Transaction Fee prior to remittance to the Owner for Transactions taking place through the WEquip Service (“WEquip Commission”). This WEquip Commission is an amount equal to twenty-five percent (25%) of the Transaction Fee.
6.2. Commission Avoidance. You shall not engage in any practice which may avoid or lower the amount of the WEquip Commission that would otherwise have been payable had the Transaction been completed using the WEquip Service (such practices collectively referred to as “Commission Avoidance”). Commission Avoidance includes, without limitation, entering into any Transaction or otherwise coordinating to lend and borrow Items outside of the WEquip Service. In the event of engagement by any User(s) in any Commission Avoidance, such User(s) shall indemnify and hold harmless WEquip in respect of any losses suffered by WEquip as a result of such Commission Avoidance. In the event that you attempt to engage a User you met through the WEquip Service in a rental or transaction that does not use the WEquip Service, you are liable to pay, as liquidated damages and not a penalty, a fee equal to the lesser of (a) the WEquip Commission for the Transaction subject to Commission Avoidance or (b) $200.00, and WEquip may terminate your WEquip account without liability to you.
6.3. Payment Methods. We accept various payment methods for the WEquip Service, including, but not limited to, Mastercard, Visa, Discover, and American Express. For any fees on the WEquip Service payable to WEquip or other Users, WEquip or its third-party payment processor will bill your payment method submitted in connection with the Transaction or otherwise provided with your account. WEquip will not fulfill any transaction without authorization validation of your purchase from your payment method.
6.4. Payment Processing Services. Payments made through the WEquip Service are processed by Stripe. You can read their full terms and conditions here (https://stripe.com/legal/ssa). Payment processing services for Owners on WEquip are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an Owner on WEquip, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of WEquip enabling payment processing services through Stripe, you agree to provide WEquip accurate and complete information about you and your business, and you authorize WEquip to share it and transaction information related to your use of the payment processing services provided by Stripe.
7. Interactions and Disputes between Owners and Renters
7.1. WEQUIP HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, ASSIST AND/OR RESOLVE ANY DISPUTE BETWEEN OWNERS AND RENTERS, INCLUDING WITHOUT LIMITATION AND BY WAY OF EXAMPLE, BY CHARGING THE FULL ESTIMATED FAIR MARKET VALUE OF BORROWED ITEMS TO THE RENTER’S PAYMENT METHOD IF IT IS DETERMINED THAT THE RENTER HAS STOLEN, LOST, OR DESTROYED THE OWNER’S ITEMS.
7.2. In the event that a Renter and an Owner are unable to resolve a dispute between them directly, they may ask WEquip to mediate the dispute. WEquip may accept or reject such request to be a mediator at its sole discretion. If WEquip accepts the request to act as a mediator, it may charge a fee of up to thirty percent (30%) of any amounts that WEquip determines is payable by the Renter to compensate the Owner for any loss or damage to the applicable Item. We will charge this amount to the Renter in addition to any amounts the Renter is required to pay to the Owner, which may include the fees attributable to those days that the Owner has been unable to lend the Items to other Renters.
8. User Reviews and Ratings
Within a certain timeframe after completing a Transaction, Owners and Renters can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of the individual User and do not reflect the opinions of WEquip. Ratings and Reviews are not verified by WEquip for accuracy and may be incorrect or misleading. Users acknowledge and agree that the Reviews and Ratings they provide must be accurate, may not be false or misleading, and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Ratings and Reviews are part of a User's public profile and may be used elsewhere on the WEquip Service together with other relevant information such as number of Transactions, number of cancellations, average response time and any other information WEquip considers to be relevant.
9. Data Security
10.1. DMCA. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the WEquip Service, please notify WEquip's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the WEquip Service;
Information reasonably sufficient to permit WEquip to contact you, such as your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice WEquip, Inc.
Address: 2987 Bromley Dr., O'Fallon, MO 63368
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
10.2. DMCA Notice. Please note that this procedure is exclusively for notifying WEquip and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WEquip's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, WEquip has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. WEquip may also, at its sole discretion, limit access to the WEquip Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Third-Party Links and Information
12. Disclaimers, Limitation of Liability, and Release
12.1. WEquip Service Disclaimer. We endeavor to provide the best services we can and to specify clear guidelines for everyone who uses them. The WEquip Service, however, is provided "as is," and we make no guarantees that it will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what Users do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content or Items they share or rent (including offensive, inappropriate, obscene, unlawful, and other objectionable content). WEquip does not warrant, endorse, guarantee, or assume responsibility for any Item offered by an Owner or any product or service advertised or offered by a third party through the WEquip Service or any hyperlinked web-site or service, and WEquip will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12.2. Limitation of Our Liability. Our liability to you shall be limited to the fullest extent permitted by applicable law, and under no circumstance will WEquip, its affiliates, agents, directors, employees, suppliers or licensors be liable to you for any: loss of profits, goodwill, revenues, information, or data; or any consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms of Service or the WEquip Service (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service. In no event shall WEquip, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to WEquip hereunder or $100.00, whichever is greater. You acknowledge and agree that WEquip has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content. WEquip acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12.3. Release. WEquip does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting User Content, and by using the WEquip Service, you fully and unconditionally release and forever discharge WEquip and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by WEquip or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms of Service violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
If you are a California resident, you agree to waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
12.4. Removal of User Content. We retain the absolute right to remove and/or delete without notice any User Content within our control that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for such removal and/or deletion. We are not responsible or liable for failure to store posted content or other materials you transmit through the WEquip Service. You should take measures to preserve copies of any data, material, content or information you post on the WEquip Service or any other sites or platforms.
You agree to defend, indemnify and hold harmless WEquip and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the WEquip Service, including without limitation any data or content transmitted or received by you and your lending and/or borrowing of any Items; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct, fraud and gross negligence; and (vii) any other party's access and use of the WEquip Service with your unique username, password or other appropriate security code.
14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
14.1. Governing Law. You agree that: (i) the WEquip Service shall be deemed solely based in Missouri; and (ii) the WEquip Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Missouri. These Terms of Service shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in St. Louis County, Missouri for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including, but not limited to, any provisional relief required to prevent irreparable harm. You agree that St. Louis County, Missouri is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
14.2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WEQUIP. For any dispute between you and WEquip, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that WEquip has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in St. Louis County, Missouri, unless you and WEquip agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing WEquip from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
14.3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEQUIP SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WEQUIP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
15. MOBILE APPLICATIONS
We may make available software to access the WEquip Service via a mobile device ("Mobile Applications"). WEquip does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. WEquip hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one WEquip User account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
These Terms of Service are between you and WEquip and not with the applicable Third Party App Store (e.g., Google Play Store, Apple App Store). Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Mobile Application. You agree to comply with, and your license to use the WEquip Service through a Mobile Application is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
16.1. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WEquip without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.2. Notification Procedures. WEquip may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by WEquip in our sole discretion. WEquip reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service.
16.3. Entire Agreement/Severability. These Terms of Service, together with any amendments and any additional agreements you may enter into with WEquip in connection with the WEquip Service, shall constitute the entire agreement between you and WEquip concerning the WEquip Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
16.4. No Waiver. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WEquip's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
16.5. Contact. Please contact us at email@example.com with any questions regarding these Terms of Service.