Renter Terms

These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, "Everyone") and govern Your use of all the content, text, data, information, software, functionality, features, graphics, photographs and more (all of which We refer to “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide or make available through, and the rent or rental of any agricultural equipment (“Equipment”) owners (“Owners”) may list on and Renters (“Renters”) may rent from any of Our websites (all of which are referred to in these Terms as this “Website”)

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE.  USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES

We may alter the Materials and Services We offer or make available to You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You.  We may also change, update, add or remove provisions (collectively, “Modifications”) of these Terms from time to time.  Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Website.  Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website (including the Owner Terms and Renter Terms).  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

In addition, from time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Equipment descriptions, pricing, and other content provided on behalf of the Company, users, or Our partners.  We reserve the right to correct any errors, omissions, or inaccuracies and to change or update information that is erroneous or inaccurate at any time without prior notice and without liability to the Company.  However, the relevant Owner is solely and exclusively responsible for the accuracy and completeness of any Equipment description, pricing, photographs, video, and other content and User Submissions posted or provided by the Owner, and any errors, omissions, or inaccuracies related to such Equipment description, pricing, photographs, video, and other content and User Submissions.
                       

GENERAL USE.

By using this Website, You promise that You are at least 18 years of age.

We invite You to use this Website for listing, viewing, renting, and conducting such other transactions as permitted through the Website with respect to, the Equipment for individual purposes ("Permitted Purposes")- enjoy!

In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials.  Your right to use the Materials is conditioned on Your compliance with these Terms.  You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner.  If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
                       

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THIS WEBSITE AND THE WEBSITE’S SERVICES.

We appreciate You visiting this Website and allow You to do just that - stop by and leisurely check it out without even registering with Us!

However, in order to list and offer Equipment for rent on the Website as an Owner, to rent Equipment listed and offered for rent on the Website as a Renter, and to use certain Services and Materials offered on and through this Website, You must successfully register an account with Us.

If You want an account with Us, You must submit the following information through the account registration page on this Website:
                       
A working email address;
First and last name;
Zip code;
Preferred password
For owners: physical address for Equipment pick up.
                       
You may also provide additional, optional information so that We can provide You a more customized experience when using this Website but We will leave that decision with You.  Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account.  If approved, You will be sent an e-mail detailing how to complete Your registration.  For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You.  And, if You forget Your password, no worries as We will happily send a password update to Your provided email address or phone number.

You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website.  Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges.  It is also Your responsibility to maintain the confidentiality of Your password(s).  Should You believe Your password or security for this Website has been breached in any way, You must immediately notify Us.

EQUIPMENT RENTS AND RENTALS

As part of the Services offered in connection with the Website, You may be permitted to use the Website to sell Equipment as an “Owner” or to rent Equipment as a “Renter”.  You must be 18 years of age to rent out Equipment to a Renter or to rent Equipment from an Owner.  You understand and agree that we merely provide the Website and are not a party to any transaction regarding the renting of Equipment and We cannot and will not be responsible for making sure that the Equipment is actually provided or is up to a certain standard of quality. We do not control the actions of any Owners or Renters, and Owners are not our employees or contractors. You hereby acknowledge that We do not supervise, direct, control or monitor the Owners in their handling or selling of Equipment. If You are a Renter, You agree to indemnify Us for any losses related to Your rental or use of Equipment.  If You are an Owner, You agree to indemnify Us for any losses related to (i) Your handling, listing, advertising and rent of Equipment, or (ii) the Materials You provide to Us for inclusion on Our Website. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO THE EQUIPMENT TRANSACTIONS AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO EQUIPMENT RENTAL OR SOLD ON OR THROUGH THE WEBSITE, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR WARRANTY RELATING TO THE EQUIPMENT, OWNERS’ ACTS OR OMISSIONS OR RENTERS’ ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE.
 

If there is a dispute between participants on the Website or Services, or between users and any third party, You agree that We are under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Us, Our directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Website or Our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INSURANCE. For all property covered by the rental, the Renter shall provide, at their own cost and expense, comprehensive, fire, theft, and additional combined insurance coverage for not less than the market value of the Leased Equipment. Renter shall maintain at its own expense commercial general liability and property-damage insurance. The policy will be for primary coverage and shall have limits of no less than: (a) $1,000,000 combined single limits per occurrence; and (b) $500,000 combined single limits or full replacement costs for all property or physical damage.

Renter shall provide Company with certificates of insurance evidencing the required policies prior to any shipment of equipment and at any time upon Company's request.

Excess Liability Indemnity. Renter will indemnify, defend and hold Owner, Company, its agents, and employees, harmless against all loss, liability, and expense, including reasonable attorneys’ fees, in excess of the provided limits of liability insurance for bodily injury (including death) or property damage caused by or arising out of the ownership, maintenance, or use of the Leased Equipment. Renter will further indemnify, defend, and hold harmless Owner, Company, its agents, and employees, from loss, liability, and expense, including reasonable attorneys’ fees, because of Renter's failure to comply with any provisions of any insurance policy, or because of Renter's failure to comply with the provisions of the rental contract.

If any Rented Equipment is lost, stolen, destroyed, or damaged beyond repair, Renter will pay Owner in cash the fair market value of the Rented Equipment, as reasonably determined by Owner, minus any net proceeds of insurance for the Rented Equipment received by Renter. On payment, the rental contract will terminate with respect to that item of Equipment and Renter will become entitled to the Rented Equipment on an “as-is” basis, without warranty, express or implied, for any matter whatsoever.

PAYMENTS

You agree to pay all applicable fees related to Your use of this Website and Our Services, including without limitation Your listing, or the inspection, rent, rental, and transportation of Equipment as an Owner or Renter, as applicable.  Such fees are described more fully on each individual listing setup page and in the OWNER TERMS and Renter Terms. Currently, we charge a 8% fee of the total transaction to owners and 6% of the total transaction to renters.   We may suspend or terminate Your account and your ability to list or rental Equipment listed on the Website and/or Your access to Our Services and this Website if Your payment is late and/or Your offered payment or payment method cannot be processed.  By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular utilized services.

CANCELLATION
If you cancel a rental within two weeks of the agreed upon start date, you agree to pay 50% of the expected total transaction amount. Additionally, if you cancel a rental within one week of the agreed-upon rental start date, you agree to pay the full 100% expected total transaction amount.