Terms of Use
This document sets out contractual terms for your participation in the 色色研究所 Marketplace. The terms are legally binding on you, so it鈥檚 important that you read and understand them.
Below are the general terms that apply to all users of the 色色研究所 Marketplace together with its sites, applications, services, and tools ("色色研究所"). All of the terms stated in these Terms of Service, together with 色色研究所鈥檚 Privacy Policy constitute the 鈥淎greement鈥 between you and 色色研究所. 色色研究所 may change the terms of the Agreement from time to time.
As stated on the 色色研究所 site and in our mobile application(s), when you click the appropriate button to continue with your registration or activity, that action will constitute acceptance of the Agreement. If you have any questions for us concerning the Agreement or 色色研究所 generally, please contact us at support@equipmentshare.com.
General Terms
Registration and Verification
Continuing Obligation to Update Information
Your Commitments
Indemnity and Insurance
Termination
Disclaimer of Warranty and Limitation of Liability
No Agency
Legal Disputes
Applicable Law
Severability
No License
General
REGISTRATION AND VERIFICATION
When you sign up for various services offered by 色色研究所, you will be asked to provide certain information about yourself (e.g. information concerning your equipment, your address, etc.). You promise that any information you provide to 色色研究所 will be complete and accurate. 色色研究所 may use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize 色色研究所 to request, receive, use and store such information for a reasonable period of time. 色色研究所 may, at its discretion, accept or reject your registration application.
CONTINUING OBLIGATION TO UPDATE INFORMATION
You promise to update the information you have provided to 色色研究所 in the event of any changes to your equipment or contact information, specifically with respect to your contact information. 色色研究所 may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that billing address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. 色色研究所 may use and share your information as described in our Privacy Policy.
YOUR COMMITMENTS
You agree that you will always use 色色研究所 in compliance with the terms of this Agreement and any other policies and standards provided to you by 色色研究所. You promise 色色研究所 that you have the legal right to enter into this Agreement and to use 色色研究所. You promise that your activities with 色色研究所 won鈥檛 violate anyone else鈥檚 rights. You also agree to comply with all applicable laws and regulations.
INDEMNITY AND INSURANCE
With respect to insurance that User is required to obtain pursuant to the Rental Agreement, prior to receiving rental equipment, each User will name 鈥溕芯克 and Equipment Owner鈥 as an additionally-insured, for both completed and ongoing operations. Documentation of such coverage will be provided on 色色研究所鈥檚 request.
To the greatest extent permitted by law, you will indemnify, defend and hold harmless the equipment owner, from whom you are renting, 色色研究所 and its affiliates, directors, employees, investors, and assigns (the 鈥渋ndemnitees鈥) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys鈥 fees) directly or indirectly arising out of User鈥檚 access to the Service, use of the Service, rental or use of equipment of any User, User鈥檚 violation of this Agreement. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among 色色研究所 and any Users.
TERMINATION
You may discontinue your use of 色色研究所 at any time and 色色研究所 may terminate your access to the 色色研究所 Marketplace at any time for any reason or no reason. Termination of access to the 色色研究所 Marketplace will not release either party from any obligations incurred prior to the termination and 色色研究所 may retain and continue to use, for its own internal purposes, any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waivers, or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
This Agreement describes all of 色色研究所鈥檚 obligations in the event of any loss or damage resulting from your participation in the 色色研究所 Marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
EQUIPMENTSHARE PROVIDES A MARKETPLACE THAT FACILITATES EQUIPMENT RENTAL SERVICES BETWEEN EQUIPMENT OWNERS AND EQUIPMENT RENTERS.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EQUIPMENTSHARE (including its subsidiaries and affiliates, officers, directors, agents and employees) IS NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY LOSSES (including, but not limited to, loss of of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, incidental, or consequential damages).
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on 色色研究所 (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to 色色研究所 in the 12 months prior to the action giving rise to the liability, or (c) $100.
NO AGENCY
色色研究所 does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of 色色研究所 and 色色研究所 will not make commitments on your behalf unless expressly stated in this Agreement.
LEGAL DISPUTES
You and 色色研究所 agree that any claim or dispute at law or equity that has arisen or may arise between us relating to 色色研究所 Terms will be resolved in accordance with the provisions set forth in this Agreement.
APPLICABLE LAW
You agree that the laws of the State of Missouri, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and 色色研究所, except as otherwise stated in the Agreement.
SEVERABILITY
If an arbitrator or court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.
NO LICENSE
色色研究所 contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of 色色研究所, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through 色色研究所, all of the content presented through 色色研究所 is owned by 色色研究所 and its licensors. All rights are hereby expressly reserved.
GENERAL
This Agreement states the entire understanding between you and 色色研究所 concerning your participation in the 色色研究所 Marketplace and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of the 色色研究所.
