This document sets out contractual terms for your participation in the EquipmentShare Marketplace. The terms are legally binding on you, so it’s important that you read and understand them.
As stated on the EquipmentShare 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 EquipmentShare generally, please contact us at email@example.com.
Registration and Verification
Continuing Obligation to Update Information
Indemnity and Insurance
Disclaimer of Warranty and Limitation of Liability
When you sign up for various services offered by EquipmentShare, 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 EquipmentShare will be complete and accurate. EquipmentShare 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 EquipmentShare to request, receive, use and store such information for a reasonable period of time. EquipmentShare may, at its discretion, accept or reject your registration application.
You agree that you will always use EquipmentShare in compliance with the terms of this Agreement and any other policies and standards provided to you by EquipmentShare. You promise EquipmentShare that you have the legal right to enter into this Agreement and to use EquipmentShare. You promise that your activities with EquipmentShare won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.
With respect to insurance that User is required to obtain pursuant to the Rental Agreement, prior to receiving rental equipment, each User will name “EquipmentShare and Equipment Owner” as an additionally-insured, for both completed and ongoing operations. Documentation of such coverage will be provided on EquipmentShare’s request.
To the greatest extent permitted by law, you will indemnify, defend and hold harmless the equipment owner, from whom you are renting, EquipmentShare and its affiliates, directors, employees, investors, and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s 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 EquipmentShare and any Users.
You may discontinue your use of EquipmentShare at any time and EquipmentShare may terminate your access to the EquipmentShare Marketplace at any time for any reason or no reason. Termination of access to the EquipmentShare Marketplace will not release either party from any obligations incurred prior to the termination and EquipmentShare 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.
This Agreement describes all of EquipmentShare’s obligations in the event of any loss or damage resulting from your participation in the EquipmentShare 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 EquipmentShare (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 EquipmentShare in the 12 months prior to the action giving rise to the liability, or (c) $100.
EquipmentShare 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 EquipmentShare and EquipmentShare will not make commitments on your behalf unless expressly stated in this Agreement.
You and EquipmentShare agree that any claim or dispute at law or equity that has arisen or may arise between us relating to EquipmentShare Terms will be resolved in accordance with the provisions set forth in this Agreement.
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 EquipmentShare, except as otherwise stated in the Agreement.
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.
EquipmentShare 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 EquipmentShare, 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 EquipmentShare, all of the content presented through EquipmentShare is owned by EquipmentShare and its licensors. All rights are hereby expressly reserved.
This Agreement states the entire understanding between you and EquipmentShare concerning your participation in the EquipmentShare 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 EquipmentShare.