Welcome to Lendridge, a peer-to-peer rental marketplace for equipment (the "Site") provided by Lendridge. These Terms of Service ("Terms") describe the terms and conditions that govern your use of and participation in Lendridge services, including the Site, web widgets, feeds, mobile device software applications ("Apps"), applications for third-party web sites and services, and any other mobile or web services or applications offered by Lendridge (collectively the "Service").
For the purposes of these Terms, "you" means each person using the Service. All visitors, users, and others who access the Site and/or Service, including you and any persons that you authorize to use your account, may be referred to in these Terms as the "User."
By accessing or using the Service, you agree to be bound by these terms, as amended from time to time. If you do not agree to these Terms, you are prohibited from using or accessing the Site or the Service.
## Our Service; Member Accounts
Lendridge provides a forum and service to connect owners of outdoor sports equipment, such as a surfboard, snow skis, snowboard, tent, or kayak (each "Equipment") interested in making their equipment available for rent ("Listers") and individuals interested in renting Equipment ("Renters"). In order to rent or list Equipment on Lendridge, you will need to establish a member account ("Account"). By applying for an Account, you give us permission to disclose certain of your personal information to third parties for verification purposes, and to obtain additional information about you. Lendridge may accept or reject account applications in our sole discretion.
Your Account is for your personal use only. You may not create an Account on behalf of a business or entity. You may not use another member's Account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity. When applying for and creating your Account, you must provide accurate and complete information, and keep such information updated and accurate throughout the term of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Lendridge immediately of any breach of security or unauthorized use of your Account. Lendridge will not be liable for any losses caused by any unauthorized use of your Account.
You may control your Member profile and how you interact with the Service by changing the options in your Settings page. By providing Lendridge your email address, you consent to our using the email address to send you Service-related email, including any notices required by law, in lieu of communication by postal mail. By providing Lendridge your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Settings page. Opting out may prevent you from receiving messages regarding updates, improvements or offers.
## Policies and Procedures; Rental Confirmations; Feedback.
When you use the Service to conduct a Rental, you will be required to agree to a rental contract. The Rental Contract is an agreement between a Lister and a Renter. Lendridge is not a party to the Rental Contract.
Both Renters and Listers are encouraged to submit feedback to the Service following the completion of each Rental. We may block you from any further use of the Service until you have submitted such feedback.
## Service Rules
In using the Service or the App, you agree not to engage in any of the following prohibited activities: i. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; ii. using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Lendridge servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that Lendridge grants the operators of public search engines revocable permission to use spiders to copy materials from Lendridge.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; iii. transmitting spam, chain letters, or other unsolicited email; iv. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; v. using the Site, App or Service in any manner to circumvent or secure a rental outside of the Service or to avoid fees payable to Lendridge in connection with your use of the Service; vi. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; vii. uploading invalid data, viruses, worms, or other software agents through the Service; viii. collecting or harvesting any personally identifiable information, including account names, from the Service; ix. using the Service for any commercial solicitation purposes; x. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; xi. interfering with the proper working of the Service; xii. accessing any content on the Service through any technology or means other than those provided or authorized by the Service; xiii. or bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Lendridge may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Lendridge's sole determination you violate any provision of these Terms. Lendridge also retains the right to remove or suspend listings for any reason, including a violation or suspected violation of these Terms. All aspects of the Service are subject to change or elimination at Lendridge's sole discretion. Lendridge reserves the right to interrupt the Service with or without prior notice for any reason. You agree that Lendridge will not be liable to you for any interruption of the Service, delay or failure to perform.
User Content Some areas of the Service may allow you to post feedback, comments, questions, images and other information ("User Content"). You are solely responsible for any User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Lendridge does not guarantee any confidentiality with respect to any User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains contact or other information in an attempt to circumvent the Service or avoid fees in connection with your use of the Service; or (ix) contains any information or content that you know is not correct and current.
You agree that any User Content that you post does not and will not violate third- party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. Lendridge reserves the right, but is not obligated, to reject and/or remove any User Content that Lendridge believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, moral 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. Lendridge takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Lendridge is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Lendridge shall not be liable for any damages you allege to incur as a result of such User Content.
## Other Users
You are solely responsible for your interactions with other Lendridge Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Lendridge shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. You acknowledge that Lendridge does not offer transportation services. Instead, the Service allows Renters and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services. If you are a California resident, you 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."
## License Grant
You retain all your ownership rights in your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Lendridge a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Lendridge's (and its successors and affiliates) business. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms.
## Fees; Billing; Payments
Fee Schedule and Billing Policies. You agree to the fees and charges, terms of sale, payment and billing policies applicable to your use of the Service as stated in our Rental Contract. Lendridge may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Rental Contract. Payments. If you are a Lister, you may set the Rental fee for your Equipment as permitted by the Service; provided, that you must list your Equipment for a nominal value (i.e., you cannot list your Equipment for free). When establishing your Account as a Lister, you will be required to enter your banking information so payments can be processed to you through the payment gateway. Lendridge will remit payment to you no later than seven (7) days after the Equipment is verified returned in satisfactory condition by the Lister. Lendridge reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or any amounts due as a result of a breach of these Terms by you, pending Lendridge's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which may include required tax information for certain Lister’s whose annual payments will exceed $500, or as otherwise required by applicable law. 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 bank fees related to returned or cancelled checks 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 Service. If you dispute any payment made hereunder, you must notify Lendridge in writing within thirty (30) days of any such payment; failure to so notify Lendridge shall result in your waiver of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Lendridge. No other measurements or statistics of any kind shall be accepted by Lendridge or have any effect under these Terms.
Lendridge uses reasonable efforts to ensure that the Site is available 24 hours a day, 7 days a week. However, there will be occasions when the Site may be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Lendridge. Lendridge will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of Lendridge. You agree that Lendridge shall not be liable to you for any modification, suspension or discontinuance of the Site or the Service. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to the Site and any third party fees (such as Internet service provider or airtime charges) that you incur.
Exclusive Ownership of Rights
The Site and any software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part. Any commercial use of the Site, or any portion thereof, by you is strictly prohibited.
Lendridge grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third party marks are the property of their respective owners.
Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.
## External Links
From time to time Lendridge may provide links that will take you to third party website. These links are provided for your convenience only. If you decide to access linked website you do so at your own risk. Lendridge does not endorse or take responsibility for the content on other website or the availability of other website and you agree that Lendridge is not liable for any loss or damage that you may suffer by using other website.
We reserve the right to amend these Terms from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.
This Service is intended solely for people (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. Lendridge reserves the right to limit or restrict access by any person, in our sole discretion.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to indemnify and hold harmless Lendridge 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 attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, 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, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code. You will defend Lendridge from and against any such claims at Lendridge request.
## Disclaimer of Warranties
The information and services on this Site are provided "as is" and for informational purposes only. Lendridge makes no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. Lendridge disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others. We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.
## Limitation of Liability
IN NO EVENT SHALL Lendridge OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE DISCONTINUE USE OF THE SITE.
The Service is controlled and operated from its facilities in the United States. Lendridge makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
## Governing Law
Any questions, comments or suggestions, including a report of any violation of these Terms, should be provided to us at info@Lendridge.com
DMCA Notice Since we respect content owner’s rights, it is Lendridge's 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 Service, please notify Lendridge'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 Service; ▪ Information reasonably sufficient to permit Lendridge to contact you, such as your address, telephone number, and, e-mail 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 Agent:
Attn: Lendridge, Email: email@example.com
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 MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES. Please note that this procedure is exclusively for notifying Lendridge and its affiliates that your copyrighted material has been infringed.
In accordance with other applicable law, Lendridge has adopted a policy of terminating, in appropriate circumstances and at Lendridge's sole discretion, members who are deemed to be repeat infringers. Lendridge may also at its sole discretion limit access to the 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.
## Equipment Rental Agreement
For the purposes of this Agreement, the “Renter” is the person renting the equipment and any other (“Equipment”) using an account created on the website (the “Site”), and the “Lister” is the owner of the Equipment who has made the Equipment available for rent via the Site. This equipment rental agreement (“Agreement”) is a binding agreement between Renter and Lister. Lendridge is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and collect and pay any fees that may be owed hereunder, and is otherwise a third party beneficiary of this Agreement.
Lister enters into this Agreement and allows Renter to rent and use the Equipment (the “Rental”) only on the condition that Renter accepts all of the terms in this Agreement. By entering into this Agreement to rent and use the Equipment, Renter acknowledges that he or she has read and understood this Agreement, and that Renter agrees to be bound by all of the terms of this Agreement.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT ANY EQUIPMENT.
This Agreement is effective on the date Renter agree to the terms and conditions as provided herein (“Effective Date”). Renter and Lister agree as follows:
Agreement to Rent. By accepting this Agreement, Lister agrees to rent the Equipment to Renter, and Renter agrees to rent the Equipment from Lister, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).
1.2 Condition of Equipment. By making the Equipment available for rent hereunder, and agreeing to the terms of this Agreement, Lister represents and warrants that
(a) he or she is the sole owner of the Equipment, or that he or she has full agency or other authority to enter into this Agreement and to rent the Equipment to Renter;
(b) the Equipment has been accurately described on the Site, including any known faults or mechanical issues; (c) except as clearly set forth on the Site, the Equipment is in proper working condition, has been professionally maintained, and contains all functionality necessary for the Renter to attain his or expected use of the Equipment during the Rental Period. Unless expressly agreed, the Rental does not include additional equips.
1.3 Refunds and Cancellations.
(a) In the event a Rental is cancelled by either party at least twenty-four (24) hours prior to commencement of the Rental Period, then all funds shall be returned to Renter, less an administrative fee of 10% of the applicable rental fee.
(b) In the event that the Rental is cancelled by Renter less than twenty-four (24) hours prior to commencement of the Rental Period, including after the beginning of the Rental Period or because Renter did not pick up the Equipment at the agreed time and place (but excluding any cancellation as set forth in 1.3(c)), then Renter shall be charged the full rental price for the Rental as previously agreed via the Site.
(c) If upon delivery of the Equipment or, within the first twenty-four (24) hours prior of the Rental Period, Renter reasonably determines that the Equipment does not materially conform to the Lister’s description of the Equipment, then Renter may notify Lendridge of the deficiency and request a refund. Further, if Lister does not deliver the Equipment at the place and time agreed, then Renter shall be entitled to a full refund, but Lister will be charged the full commission that would have been payable to Lendridge in connection with the Rental.
(d) Refunds shall only be granted after completion of the Rental Period in extraordinary circumstances.
(e) Lendridge shall determine all refunds in its reasonable discretion. In the event either Lister or Renter is not satisfied with Lendridge’s determination, their sole recourse shall be to seek payment or refund of fees from the Renter or Lister, as applicable.
(f) In the event of the failure of Lister or Renter to appear for scheduled delivery of the Equipment, the parties may choose to reschedule the Rental Period rather than accept the penalties or refunds set forth above. In such event the parties must arrange such rescheduled delivery through the Site, or otherwise notify Lendridge as soon as practicable.
(g) Each party should be aware that Renters and Listers are entitled to post reviews on the Site with respect to cancelled Rentals.
1.4 Lister Obligations. If there is damage to a Equipment during a Rental, the Lister must notify Lendridge within two (2) weeks of completion of the Rental Period or prior to any subsequent rental, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental. Lister shall be responsible for the cost of any diagnostic fees, estimates, etc.
If Renter does not return Equipment at the conclusion of the Rental Period, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Equipment at such reschedule return time, then Lister agrees to file a report with the applicable police department and provide a copy of such report to Lendridge. In filing the report, Lister must authorize the police department to discuss and provide any information regarding the case with Lendridge.
RENTER OBLIGATIONS 2.1
No other person may use the Equipment except Renter.
2.2 Equipment Return. Renter agrees to return the Equipment to Lister in the same condition as received, except for ordinary wear and tear (which does not include dings to surfboards), on the due date and time and at the location specified by Lister at time of rental. Renter agrees to return the Equipment sooner if so demanded by Lister. Renter understands that there will be additional charges if the Equipment is returned at a different time, date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly rate applicable to the Rental.
If Renter fails to return the Equipment at the agreed date, time and location, and has not agreed with Lister or Lendridge on an alternate delivery time and location within 24 hours of the scheduled delivery time, or Renter fails to return the Equipment at the rescheduled time and place, then
(a) Lendridge shall determine that Renter does not intend to return the Equipment;
(b) Lendridge will charge Renter’s payment method for the full retail value of the Equipment, along with any other fees due to Lendridge;
(c) Lendridge or Lister may lawfully repossess the Equipment; and
(d) Lendridge and Lister may exercise any other rights or remedies, and take any other necessary measures, to repossess the Equipment and/or collect the full amount owed by Renter hereunder.
If Lister fails to appear at the scheduled time and place for return of the Equipment, Renter remains responsible for the safe keeping of the Equipment. In such event Renter should contact Lendridge to try to arrange alternate means of return of the Equipment, which may be through a public facility at Lendridge’s direction. Lister shall be responsible for any fees incurred by Lendridge in connection with such alternate return method, and understands and acknowledges that, if the such fees exceed the amount of the rental fee due Lister, or any other credit amounts in Lister’s account, then the Equipment will not be released to Lister until payment arrangement satisfactory to Lendridge have been made. Lendridge shall not be responsible for any delay or loss of use of the Equipment due to Lister’s failure to appear as scheduled or to make alternate payment and return arrangements.
2.3 Repossession. Lister may repossess the Equipment at any time if:
(a) the Equipment is used in violation of law;
(b) it appears the Equipment is abandoned,
(c) the Equipment is used in violation of any term or condition in this Agreement,
(d) Renter made a misrepresentation to Lister or
(e) Renter fails to return the Equipment when due. Lister is not required to notify Renter in advance of repossession.
2.4 Prohibited Use of the Equipment. Use of the Equipment is restricted to the general geographical area agreed upon by Renter and Lister. Renter will not operate Equipment outside of this area and will not remove Equipment from this area. Renter agrees not to use or permit the Equipment to be used for hire or in any location that operation would be illegal or a nuisance to others. Renter will not use or permit the Equipment to be used for an illegal purpose, including the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Renter liable to Lister for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
2.5 Damage to Equipment. Renter shall pay Lister for all losses and/or damage to the Equipment, regardless of fault (e.g. Renter agrees to pay for the loss even though someone else caused the damage or is at fault). Renter is also responsible for all theft or vandalism losses, even if Renter is not at fault for making the theft or vandalism possible, and regardless of any measures Renter may have taken to secure or protect the Equipment, including any instructions or security devices provided by Lister. If the Equipment is damaged, Renter agrees to pay the reasonable costs of repair and diminution in value, if any. If the Equipment is damaged beyond reasonable repair (as determined by Lister), Renter shall be responsible for the retail fair market value of the Equipment, less any salvage value if applicable. In addition to the above, Renter shall also be responsible for the reasonable down time (“Loss of Use”), reasonable administrative fee as determined by Lister or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Renter shall be responsible for paying Loss of Use at the daily rate for each 24 hours Renter delays in paying the total loss. Renter is also responsible for any loss if Renter:
(a) abuses the Equipment or uses or operates the Equipment other than as specified in this Agreement; (b) operates recklessly;
(c) uses while under the influence of alcohol or a controlled substance;
(d) fails to promptly report an accident to the police and Lister;
(d) fails to complete an accident report;
(e) obtains the Equipment through fraud or misrepresentation; or
(f) uses the Equipment for an illegal purpose. Renter authorizes Lister to collect from a responsible third party any applicable loss and/or damage. In the event Lister obtains a recovery from a third party after Renter has paid Lister for all or part of any loss, Lister will refund to Renter any excess above the amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred.
2.6 Payment. Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Equipment rental, including, without limitation, charges for loss and/or damage to the Equipment. Renter specifically agrees and authorizes Lendridge to apply any charges to the method of payment used by Renter at the time of rental.
2.7 Credit Reserve and Payment. Renter understands that he or she must deposit an amount (to be used against the final bill) equal to the estimated total charge for the Equipment rental at the rates indicated in this Agreement. Renter authorizes Lendridge and Lister to charge any amounts due as a result of the Equipment rental on to Renter’s credit card or other payment method provided. Charges for upcoming rentals will be processed within (a) two (2) business days after Lister confirms the Renter’s request for booking. Lendridge will cause an additional charge authorization to be processed against Renter’s credit card or other payment method as a security deposit, which will be credited back to Renter’s payment method upon satisfactory return of the Equipment without damage or delay.
2.8 Repairs. If Renter experiences any malfunctions with the Equipment during the Rental period, Renter should immediately notify Lendridge and Lister to obtain authorization for repairs. Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Equipment. Renter understands that Lister will not reimburse Renter for any authorized repairs without receipts. All repairs needed as a result of the use of the Equipment will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by Renter.
2.9 Ownership. The Equipment, at all times, remains the exclusive property of Lister. Renter is responsible for damage to or loss of Equipment. If the Equipment is lost, destroyed or damaged beyond repair in the judgment of Lister, Renter agrees to pay Lister the value of Equipment.
RISK AND LIABILITY TERMS 3.1 Acknowledgement of Risks. Renter understands and acknowledge that use of equipment available on the Site is a hazardous activity and entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. Renter understands that such risks cannot be eliminated by Lister without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, collision, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration). Renter acknowledges all the risks of operating Equipment, including but not limited to the risks of serious bodily injury or death. Renter understands that Equipment protective gear are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
3.2 Assumption of Risk. RENTER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE EQUIPMENT OR POSSESSION OF THE EQUIPMENT EVEN IF SUCH LOSS OR DAMAGE IS DUE TO ANY NEGLIGENCE OF LISTER, Lendridge, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, RENTER FREELY ASSUMES ALL RISKS OF PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS EQUIPMENT AND RENTER AGREES TO HOLD LISTER AND Lendridge HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
3.3 Waiver and Release. In consideration of Lister renting the Equipment, Renter specifically releases and forever discharges Lister, Lendridge, and their affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Renter may suffer while renting this Equipment. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Lister, Lendridge, or their affiliates, officers, agents, or employees. It is the express intent of this Agreement that Renter release Lister and Lendridge and hold them harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Lister or Lendridge or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Renter fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Equipment, Renter will have no right to make a claim or file a lawsuit against Lister, Lendridge or their affiliates, officers, members, agents or employees, even if any of them negligently cause any injury, illness, death or damage.
3.4 Indemnification. Renter agrees to indemnify and hold harmless Lister and Lendridge and their 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 and expenses (including attorney's fees) arising from, related to, or in any way connected with, or resulting from Renter’s participation in this activity or use of the Equipment, including the possession, use, operation, or return of the Equipment, and including any such claims which allege negligent acts or omissions on the part of Lister or Lendridge. Should Lister, Lendridge or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Renter agrees to indemnify and hold them harmless for all such fees and costs.
Third Party Claims. Neither Lister nor Lendridge shall be responsible if Renter causes injury to another person or if Renter damages another Equipment, vehicle or personal property of another. Renter agrees to protect, defend, indemnify and hold Lister and Lendridge harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of Renter’s use of the Equipment and for any liability associated with any personal accident/injury as a result of Renter’s use of the Equipment.
4.1 Insurance. Renter certifies that he or she has adequate insurance to cover any injury or damage Renter may cause or suffer while participating in the activity, or else Renter agrees to bear the costs of such injury or damage. Renter understands and agrees that Lister and/or Lendridge may make a claim against any insurance coverage Renter maintains, whether liability, casualty, personal or health insurance, in the event of any loss, injury, death or damage to person or property while using or operating the Equipment. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Renter of any liability hereunder.
4.2 Physical Condition. Renter understands the he or she should be in good physical health to participate in use of Equipment. Renter certifies that Renter has no medical or physical conditions which could interfere with Renter’s safety in this activity, or else Renter is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
GENERAL PROVISIONS 5.1 No Warranty. THE EQUIPMENT IS PROVIDED TO RENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EQUIPMENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LISTER DOES NOT WARRANT THAT THE EQUIPMENT OR ANY RENTAL WILL MEET RENTER’S REQUIREMENTS.
5.2 Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LISTER OR Lendridge, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY RENTAL.
(b) IF LISTER OR Lendridge, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE ARE FOUND TO BE LIABLE, SUCH LIABILITY TO RENTER OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) $100.
(c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Lendridge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Lister or Renter.
5.4 Third Party Beneficiary. Lendridge shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to Lendridge herein.
5.5 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Renter and Lister that arises in whole or in part from the rental of the Equipment shall be decided exclusively by a court of competent jurisdiction closest to Lister’s residence.
5.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
5.7 Entire Agreement/Severability. This Agreement shall constitute the entire agreement between Renter and Lister concerning the rental of the Equipment. If a court of competently jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
### Last Edited: Aug 1, 2017