Terms & Conditions

These Terms and Conditions may change without notice. By continuing to use the Platform, you agree to the current version.

In General

Rentz Corp dba RentMyEquipment.com (“RME”) owns and operates this Website. This document governs your relationship with RME as it relates to www.RentMyEquipment.com (“Website” or “Site”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, policies, rules, conditions, disclaimers, and notices (the "Terms "). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

About Us

RME is a service that allows users to share equipment amongst themselves in a marketplace setting (“Services”). Equipment is shared on the Platform between Owners and Renters, and Owners are able to rent the equipment out to Renters.

What We're Not

RME is not an equipment rental company or service. RME does not provide equipment sharing or renting services. RME does not own or lease any of the equipment shown on the Site or Platform. Unless otherwise specifically stated, we do not provide any insurance products or services on the Platform. We don’t warranty or guarantee any of the equipment on the Platform, except in the very narrow situations described in these Terms or your Agreement.

Platform

The Services are provided on the Site in the form of a platform (“Platform”). The words Site and Platform may be used interchangeably in these Terms, and are intended to be interpreted within the context of the term. The terms Platform and Marketplace as used in these Terms and on the Site are for convenience and do not denote any specific usage, category of business, type of business model, tax structure, or any other meaning other as they are commonly used in the context and meaning in which they are found.

Use of this Site and Platform

Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. RME is not liable for your inability to use the Website for any reason or for any revenue lost as a result of being unable to use the Website.

This Site may contain links to other websites (the "Linked Sites"), which are not operated by RME. RME has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Additionally, the Site contain individual listings made by users of the Platform to rent out or seek to rent equipment. The listings are merely facilitated by RME and RME is not responsible for the accuracy of any information contained within a listing. It is the responsibility of each user to independently verify the truth or accuracy of information contained in a listing.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at www.RentMyEquipment.com/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Linking to this Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Your Use of the Site

Permitted Use

You must not misuse this Site or Platform. You agree that you will always use the RME Site, Services, and Platform in accordance with these Terms and not for any improper or illegal purpose. You agree to use the listings, rentals, and equipment facilitated by the Site in compliance with all laws, regulations, and ordinances that may be applicable.

You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and RME will report any such breach to the relevant law enforcement authorities and disclose your identity to them. See Improper Use of the Platform or Services for more details.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Certain Third Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Content from those Third Party Providers is also subject to those terms and conditions of use and you forever hold RME harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Content, materials and information provided by any Third Party Provider.

Improper Use of the Platform or Services

In addition to the above restrictions, it is improper for any user of the Site, Platform, or any person who uses the equipment sharing Services provided by others, to engage in any of the following conduct, on the Site, Platform, or in person while renting out or renting equipment listed on the Platform (collectively “use”):

Digital Millennium Copyright Act

RME has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. RME reserves the right to remove any Content contained in or posted to the Website that allegedly infringes another person's copyright. Notices to RME regarding any alleged copyright infringement on the Website should be directed to RME’s Counsel's Office, at Barham & Maucere LLC, 6708 Heritage Business Court, Chattanooga, TN 37421.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of RME, its affiliates, partners, or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by RME and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Jurisdiction

Except as otherwise described, all Content on the Website is made available only to provide information about Rentz and its services. Rentz controls and operates the Website and makes no representation that the Contents on such Website are appropriate or available for use in other locations. Other Rentz Websites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use the Rentz Website from a location other than the location where the Website is controlled and operated, you are responsible for compliance with applicable local laws.

Making Payments

By making a payment through the Site on an account already established with RME you are subject to the following terms and conditions: When you make a payment through our Website, your payment information will be entered into a form within our site that is controlled by a third-party payor system called Stripe., which will process your payment. Your payment information will be stored securely on Stripe’s systems and we will have the ability to cause your credit card to be charged programmatically. Charges to your card will happen at the time of a rental on the card that you choose and at the completion of the rental for any additional charges related to your rental such as extra metered hour fees, additional hours or days or rent, or for any damage incurred or deductibles for any third party insurance. You agree that you are over 18 years of age and that you are subject to Stripe’s terms and conditions. RME retains the right to refuse any request made by you.

RME uses third party payment processors which are responsible for securely processing your payment and RME is not liable for security breaches of the third-party processors. Details of information collected and processed when making payment are included in our privacy policy at www.RentMyEquipment.com/privacy.

Using RME to Rent or Use Equipment

How it Works

RME works by allowing users to connect with each other to share and rent equipment between themselves. RME works as an online marketplace where Users and Renters can come together to rent equipment in a decentralized environment.

Owners start by creating a listing of their equipment and setting a rental price. Renters rent the equipment from the Owners and pay the rental price, plus taxes and fees, if applicable (“Rental Fee”). RME deducts any taxes or fees owed (if applicable, may vary from jurisdiction to jurisdiction) takes a fee of the gross rental price, including any delivery fees, and pays the Owner at the completion of the rental. The fee will be twenty-five percent (25%) for order totals, including delivery equal to or greater than fifty dollars ($50.00). For order totals less than fifty dollars ($50.00) including delivery, the fee will be thirty-five (35%). For rentals one month or longer, RME will pay the Owner once each two weeks until the completion of the rental. Owners and Renters coordinate and communicate to determine delivery times, places, and methods, and pickups or return of equipment.

Age

You must be 18 years old or older to use this Site and the Platform.

Gray Market Transactions

RME prohibits the use of the Site or Platform to identify an owner or renter and then complete a transaction separate from (in any way) the Platform in order to circumvent your obligations and fees under the Terms or for any other reasons.

Types of Equipment Allowed

Only approved equipment or equipment types may be listed on the Platform. The list of approved or prohibited equipment may change from time to time and it is your responsibility to ensure compliance with allowed equipment. Failure to comply will result in removal of the listing from the Platform. Before listing, please view the equipment categories listed on our Site. RME reserves the right to prohibit any type of equipment or piece of equipment at any time, for any reason, and has the right to remove or delist prohibited equipment listings without notice.

Prohibited Equipment

RME reserves the right to prohibit any types of equipment, or any specific piece of equipment, at any time and without notice, from being listed on the Platform. RME may, from time to time, prohibit new or different equipment that may have previously been allowed. Some types of generally prohibited equipment include, but are not limited to: Automobiles; motorized boats; any other type of equipment or vehicle that is titled; any vehicle or piece of equipment that requires a special license to operate; firearms of any kind; inherently dangerous equipment, such as explosives, pyrotechnic equipment, fireworks or fireworks equipment; blasting equipment (or any equipment associated with blasting in any way); wrecking balls; items of a personal nature; disposable equipment or supplies; clothing (exception of technical suits and gear); SCUBA or diving apparatus, including air tanks; Equipment illegal anywhere in the United States; real property or premises of any kind, including storage spaces, office space, temporary or permanent living quarters; aircraft, rockets or launch equipment; sex toys or sexually oriented equipment; or medical equipment. Whether an item is prohibited or not is completely within the discretion of RME. Before listing, please consult a list of prohibited equipment at www.RentMyEquipment.com/prohibited.

Rental Agreement

Upon agreement of a price, both Owners and Renters are required to execute a rental agreement (“Rental Agreement”) by following the instructions at checkout. You agree to sign the agreement electronically or by checking a box indicating your agreement with the Rental Agreement. The Rental Agreement will contain the price, dates, delivery time and method, return time and method, and any special instructions. You agree that the Rental Agreement is a contract purely between you and the other party (Owner or Renter) and that RME is NOT a party to the Rental Agreement. The language and delivery of the Rental Agreement is provided by the Platform purely for convenience and does not create an obligation or right of RME or create any liability or participation in the transaction. By providing the rental Agreement, RME is not providing any legal advice but is merely facilitating the transaction with standardized forms.

Cancellations

Cancellations will follow the policies set forth below for Owners and Renters. All parties shall make every effort to honor their commitments and not cancel. However, RME recognizes that from time to time, events arise which prohibit a user’s completion of the transaction. RME reserves the right to waive compliance with the Terms for cancellation and may issue a refund, even if an Owner objects. Waiving compliance in one instance does not imply any waiver under any other circumstances. Whether a refund is granted is solely within the discretion of RME, though in instances where an Owner refunds money to a Renter or requests that a refund be issued, RME will not object.

Refunds

Generally, refunds are not available in situations in which a delivery is completed and the equipment is in generally good working order. Whether a piece of equipment works for a particular job or is successful is not a valid reason for a refund. For example, a Renter is not entitled to a refund simply because a rented pump, which otherwise works, was not successful in fixing a flooding problem. Each situation is unique and RME retains sole discretion in issuing refunds. If a piece of equipment is faulty, broken, in disrepair, or does not work as intended, or a paid for piece of equipment is not delivered in a timely manner, Please file a claim with our claims department at hello@rentmyequipment.com. Claims must be made within three (3) days of the occurrence of the issue for which you are requesting a refund.

Late Returns and Early Returns

Timely returns are important to ensure a community of equipment sharing that works. Accordingly, it is extremely important that you take all steps to return the equipment in a timely manner. However, since Owners project availability for equipment use on jobs based on bookings, there are no refunds or partial credits for returning a piece of equipment early. Equipment returned more than four (4) hours late for a daily rental or more than twelve (12) hours late on a weekly or greater period rental will be assessed a late return penalty equal to one (1) additional day at the daily rate (not weekly or better rate). A late charge may be waived for late returns outside the control of the Renter, in the discretion of the Owner, or in RME’s sole discretion. In situations in which a return requires an Owner to travel to the Renter, no late penalty will be charged to the Renter if the Owner does not arrive in a timely manner or elects to pick up the equipment at a later date or time, so long as the Renter has the equipment at the place of pickup at the arranged time of pickup.

Damage to Equipment

It is the responsibility of the Owner and the Renter to coordinate together to avoid damages to the equipment. Owners should keep good track of damages, dings, wear and tear, and other visible instances of damage and the condition of their equipment. Renters should visually inspect the equipment with Owners 1) upon delivery and 2) at return to ensure that Renters are not blamed for any damage that they did not incur. BOTH PARTIES SHOULD VISUALLY DOCUMENT THE CONDITION OF ALL EQUIPMENT VIA PHOTOGRAPHS TAKEN AT DELIVERY (OR TAKEN THROUGH THE RENTMYEQUIPMENT APP). RME cannot and will not mediate disputes between users if there is no photographic record clearly showing the condition of the equipment before and after the alleged damage occurred.

Many of the pieces of equipment rented are to be used in rugged environments and wear and tear, including visual wear and tear, is to be expected. Unlike a car rental, in many instances the visual appearance of a piece of equipment (such as a bulldozer) is less important than its function and visual scratches and denting is to be expected. In such instances, Owners should limit claims for situations that they in good faith believe to be beyond normal wear and tear of equipment being used as intended in working and rugged environments.

In instances where the equipment is sensitive or Users are especially concerned about damage, users should obtain appropriate insurance policies covering all concerned damage areas.

Claims

Any claims for damage, broken or nonworking equipment, or refunds, should be made in writing by emailing hello@rentmyequipment.com and clearly identifying the listing, rental, rate, dates, and circumstances where indicated. A claims representative will be in touch with you in a timely manner. All claims for any reason must be brought within thirty (30) days of the date of occurrence of the incident giving rise to a claim.

Dangers of Using Equipment

Many of the items of equipment listed on the Platform have the potential to bedangerous tools or machinery. It is completely up to the Renter of the equipment to determine whether you are sufficiently qualified and trained to use each piece of equipment that you rent. By renting, paying for, or taking delivery of a piece of equipment, you are representing to RME and the Owner that you possess the knowledge, skill, training, or experience to operate that piece of equipment, or that you will gain the required knowledge, skill, training, or experience to operate the equipment before you use it. RME cannot be held responsible for damages, harm, or injuries that result by your improper or unqualified use of any equipment on the Platform.

Discrimination

RME does not tolerate discrimination against its users. All qualified persons of age are welcome. We require our Users, Owners, and Renters to follow the same community principles, and you agree not to discriminate who you rent to or rent from on any one of these on the basis of race, ethnicity, language, religion, national origin, sex, sexual orientation, or gender identity or expression. We reserve the right to enforce our policies regarding discrimination at our discretion, up to and including being banned from the Platform.

Community Principles

RME was founded on the idea that good-hearted people can help each other by sharing equipment to get jobs done and improve their lives and the lives of those around them. RME believes in that community, and strives for each of its users to adhere to the following principles: hard work, honesty, taking pride in our equipment and projects, treating others with respect, treating other’s equipment as good as or better than you would treat your own, following your word, individualism, freedom, the right to an honest day’s work.

Disqualification

RME reserves the right to limit, suspend, terminate account and access to the Platform, remove content, demote, delist, or remove listings, or ban from the Platform and take necessary steps to do so (“Disqualify”) any party (person or entity) who RME determines in its sole discretion. There are many reasons that a party may be disqualified. Some of the reasons are listed below:

This list is not exhaustive and many of the situations in which a use is disqualified are on a case by case basis. It is completely within the discretion of RME to determine whether a party is disqualified or banned from participating on the Platform, and the length of time, up to and including indefinitely, for the disqualification. Parties disqualified may request an internal review upon being disqualified and additional internal review once every two (2) years thereafter. Decisions regarding reviews by RME will be decided by the review committee whose decisions are final. Parties do not have the right to bring a legal action or an arbitration proceeding based upon any decision of RME to disqualify that party, and you specifically waive any legal rights to dispute RME’s decisions regarding disqualification or other Discipline.

Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Interpreting our Policies, Enforcement; Policy Enforcement

When an issue arises, RME may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to waive any of our enforcement policies or discipline in an effort to provide a good experience for our users. However, waiving a requirement or treating a matter more leniently than we may be allowed to by these Terms does not mean that any other Term is waived or that we are waiving our right to enforce the same or similar circumstance, with the same party or different parties, differently in the future.

Illegal Activity, Cooperation with Authorities

RME has a zero-tolerance policy for illegal behavior. If we make a reasonable determination that illegal activity has occurred in connection with the Services or Platform, we will report such suspected activity to the proper law enforcement authorities. In instances in which illegal activity is reported but unproven or mistaken, whether through diligence, negligence, gross negligence, or for any other reason, you specifically waive your right to bring a civil or criminal action against RME for reporting the activity to law enforcement authorities, to the fullest extent allowed by law.

RME cooperates with Law Enforcement Authorities in their investigations. To the extent required by law, we will provide information requested under a properly issued subpoena or other court order to produce information, including information about users, personal information, cookies, data, usage history and audit trails, and information regarding specific transactions. By interacting with the Site, you agree that any information provided or created by your interactions with the Site or other users may be produced to law enforcement authorities or other parties upon criminal or civil requests, in accordance with the law.

RME takes stolen equipment very seriously. If we suspect that any items listed on the Platform are stolen, we will report any evidence we receive to authorities in accordance with our legal duties. If you believe that any piece of equipment listed on the Platform belongs to you and is being listed improperly or without your permission, please contact our claims department at hello@rentmyequipment.com. Please note: simply because someone makes a claim that a piece of equipment is stolen or being used without permission does not mean that it will be removed or the equipment seized. We will make reasonable efforts to investigate claims but we will not be held responsible, and disclaim any responsibility for failure to act or failure to identify improper listings or stolen equipment. If you believe a piece of equipment listed on the Platform is stolen, please contact authorities.

Terms for Owners

Use

You agree to provide safe equipment, fueled or charged, in good and working order (including topped off fluids, tires with sufficient treads), ready to run with all required maintenance. You agree to provide the equipment to renters on time and in the condition in which it was advertised.

Updating Availability

You agree that as a part of your permission to list a piece of equipment on the Platform, you will continually update the availability of the equipment as its availability changes, including but not limited to, if you offer it for rent on another platform, you should promptly update the Platform to show that it is not available on that date. Repeatedly cancelling may result in the suspension or removal of your account from the Platform.

Fees

Owners set the rent for their equipment. RME will not interfere with rental rates unless it appears that such fees are in violation of these Terms or are fraudulent. RME takes a fee of 25% of the total gross rental fee, including any delivery fee (“Fee”). The fee will be twenty-five percent (25%) for order totals, including delivery equal to or greater than fifty dollars ($50.00). For order totals less than fifty dollars ($50.00) including delivery, the fee will be thirty-five percent (35%). This fee is deducted at the time the Rental Fee is paid. RME collects and disperses fees in the following manner: Renter pays the entire amount charged, including sales and use tax (in states and localities where this is applicable) (“Rental Fee”). RME collects the entire amount charged. In certain states and if applicable, RME will collect sales and use tax for remittance to the proper tax authorities. In other cases RME or the law may require the Owner to collect and remit its own sales and use taxes. RME will then deduct its Fee, and deduct any additional fees or charges. In the event that an Owner owes Fees or other charges to RME, RME has the right to cross-deduct that amount owed to it from additional or separate Rental Fees.

Payment

RME will remit the amount due to Owner at the completion of the rental period, or for rentals for one month or longer, RME will remit progress payments to Owner each 2 weeks. Payments will be made only by ACH through the payment account setup by owner in Stripe Connect at the time of registering for an account or modified thereafter by Owner. RME will not be responsible for any errors in sending of the money to a wrong account in the event that Owner enters the wrong bank account information into Stripe Connect’s system. In the event any money is sent to the wrong account, it will be the Owner’s responsibility to contact the financial institution and determine where the money went and to request a refund to RME. Once RME receives any refund, RME will then, and only then, remit the payment to Owner again to the correct account.

Fuel

Equipment should be delivered or picked up as full and should be returned with full fuel. Owner will be able to set the fee charged to the Renter in the event that the Equipment is returned without a full fuel tank.

Cleaning

Equipment full of fuel and/or fluids and reasonably clean at the time of Rental. Owner will be able to set the fee charged to the Renter in the event that the Equipment is returned dirty and/or short of fluids.

Delivery

It is the responsibility of Owners and Renters to determine the proper method of delivery of a piece of equipment. Owners may set additional rates for the delivery of a piece of equipment (for example, a charge to deliver a piece of equipment via flatbed truck to the property of the Renter). RME is not responsible for unsuccessful deliveries. Owners and Renters should communicate with each other to ensure prompt and safe deliveries. If you feel unsafe making a delivery, do not continue with the delivery and notify RME immediately.

Cancellation

Owners may create their own policies for cancellations and refunds, subject to the objection of RME and in accordance with these Terms. Any policies created by owner regarding cancellations must be clearly stated on the Equipment’s listing page. In the event that an Owner should need to cancel a rental due to circumstances outside of the reasonable control of the Owner (such as: unavailability of the equipment, the equipment is unusable, maintenance issues with the equipment, etc.), Owners may do so at any time prior to delivery and refund the Rental Fee back to the Renter. In the event of a cancellation, Owners should take reasonable steps to substitute the cancelled equipment with an equal or better piece of equipment. In the event of a substitution, Renters will always have the ability to reject the substitute equipment and request a refund. Repeated cancellations or unavailability of equipment may negatively impact the ratings of the Owner. Additionally, RME has the right to cancel any listing or rental at any time for any reason, in which case a refund will be issued to the Renter or as the case may be.

Special Requests

Occasionally, Renters may make special requests. It is up to the Owners to determine whether or not to grant the requests. When in doubt, consult our Community Principles.

Representations and Warranties

As an Owner of equipment listed on the Platform, you represent and warrant that you own the equipment, or are otherwise lawfully in possession of the equipment and that you have the right to rent such equipment out to third parties. If you lease the equipment, you represent that there are no prohibitions in your lease from sub-renting out the equipment to third parties. You represent and warrant that there are no liens or other security interests on the equipment that would prevent you from renting or loaning the equipment to third parties.

Photographs

Owners are required to post pictures of the equipment being listed. Often, the photographs are taken by the Owner. Occasionally, the photographs are taken by professional photographers or other third parties. By submitting photographs, you are representing and warranting that you own the photograph or otherwise have permission to use the photograph in connection with the equipment. If persons are visible and recognizable in the photographs, you are representing and warranting that you have permission from those persons to use their likeness in connection with the photograph and listing You grant RME permission to use the photograph in the listing or elsewhere on the Site or in advertising or in other areas without any compensation. Owners are strongly encouraged to post photos of the actual items of equipment being listed. If you do post a stock photograph as a part of a listing, you are representing that you have the permission and authority to use that photograph in connection with your listing, AND that the equipment in the photograph is substantially identical to the equipment being listed. Failure to comply with either one of these rules will result in immediate delisting and removal of your listing.

Cancellation

You are bound to the terms of cancellation contained within the Rental Agreement as agreed to between you and the Owner, subject to the objection of RME and in accordance with these Terms. Subject to any special cancellation policies in the Rental Policy, the terms of cancellation are as follows: Renters may cancel without penalty prior to twenty-four (24) hours before the beginning date or time (whichever is more specific) of delivery, or, in the event that the rental is reserved within twenty-four (24) hours of scheduled delivery, Renters shall have one (1) hour to cancel without penalty. Any cancellation made after the non-penalty period will be charged fifty percent (50%) of the agreed-upon fee. For special circumstances outside of their control, Renters may request a refund, but such refunds are within the sole discretion of RME.

In the event that the Owner cancels a reservation at any time, Renters will be entitled to a refund. In the event of a cancellation, Owners should take reasonable steps to substitute the cancelled equipment with an equal or better piece of equipment. In the event of a substitution, Renters will always have the ability to reject the substitute equipment and request a refund. Repeated cancellations or unavailability of equipment may negatively impact the ratings of the Owner. Additionally, RME has the right to cancel any listing or rental at any time for any reason, in which case a refund will be issued to the Renter or as the case may be.

Terms for Renters

Use

You agree to use the equipment you rent in a safe and responsible manner. You agree to return the equipment to the Owner in the same condition in which it was delivered to you, normal wear and tear for the circumstances excepted. You agree to return the equipment on time and in the manner agreed to between you and the Owner.

Fees

You are responsible for paying all fees associated with your rental. This includes the rental rate, applicable sales and use taxes, fuel, meter charges, late fees, delivery charges, cleaning fees, and any other fees and penalties.

Renter's Financial Responsibility, Deposits

With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal homeowners insurance or general liability policy) as the primary source of funds. You acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your use or operation of equipment from the Platform. You agree that in the event damage is reported, RME may immediately charge you up to the amount of damages incurred. Nothing in these Terms is intended to limit your responsibilities or RME’s legal rights in connection with your use of the Platform, Site, or Services. You acknowledge that RME may require and hold a deposit as part of the rental of equipment.

Fuel

Equipment should be delivered or picked up as full and should be returned with full fuel. Renter will be charged the amount shown on the Equipment’s listing page at the time of rental in the event the fuel is not full upon return.

Cleaning

Equipment should be returned to Owner “rent ready”, i.e. full of fuel and/or fluids and reasonably clean. If returned dirty, a cleaning fee will be charged to Renter in the amount shown on the Equipment’s listing page at time of rental.

Delivery

It is the responsibility of Owners and Renters to determine the proper method of delivery of a piece of equipment. Owners may set additional rates for the delivery of a piece of equipment (for example, a charge to deliver a piece of equipment via flatbed truck to the property of the Renter). RME is not responsible for unsuccessful deliveries. Owners and Renters should communicate with each other to ensure prompt and safe deliveries. If you feel unsafe making a delivery, do not continue with the delivery and notify RME immediately.

Cancellation

You are bound to the terms of cancellation contained within the Rental Agreement as agreed to between you and the Owner, subject to the objection of RME and in accordance with these Terms. Subject to any special cancellation policies in the Rental Policy, the terms of cancellation are as follows: Renters may cancel without penalty prior to twenty-four (24) hours before the beginning date or time (whichever is more specific) of delivery, or, in the event that the rental is reserved within twenty-four (24) hours of scheduled delivery, Renters shall have one (1) hour to cancel without penalty. Any cancellation made after the non-penalty period will be charged as stated on the Equipment’s listing page at the time of Rental. For special circumstances outside of their control, Renters may request a refund, but such refunds are within the sole discretion of RME.

In the event that the Owner cancels a reservation at any time, Renters will be entitled to a refund. In the event of a cancellation, Owners should take reasonable steps to substitute the cancelled equipment with an equal or better piece of equipment. In the event of a substitution, Renters will always have the ability to reject the substitute equipment and request a refund. Repeated cancellations or unavailability of equipment may negatively impact the ratings of the Owner. Additionally, RME has the right to cancel any listing or rental at any time for any reason, in which case a refund will be issued to the Renter or as the case may be.

Representations and Warranties

As a Renter on the Platform, you represent and warrant that you are sufficiently qualified and trained to use each piece of equipment that you rent. By renting, paying for, or taking delivery of a piece of equipment, you represent to RME and the Owner that you possess the knowledge, skill, training, or experience to operate that piece of equipment, or that you will gain the required knowledge, skill, training, or experience to operate the equipment before you use it. RME cannot be held responsible for damages, harm, or injuries that result by your improper or unqualified use of any equipment on the Platform.

EQUIPMENT PROTECTION PLAN

Plan

RME offers an equipment protection plan for certain limited damages that may occur to the equipment through normal use (“Protection Plan”). The plan is offered on listings and categories of equipment at the complete discretion of RME, and its availability is subject to change without notice. Under the Protection Plan, a Renter is required to purchase additional coverage in the form of equipment coverage should equipment rented by the Renter become damaged due to a Covered Event. At this time, declining coverage is not an option. You will be responsible for covering all losses, damages, or injury that may occur to the equipment that you have rented that falls outside of the Protection Plan. The Protection Plan is a fee equal to ten percent (10%) of the total rental cost for the equipment that you rent. The Protection Plan is not insurance, and has important limitations.

Covered Event

The Protection Plan will pay for certain limited damages to a piece of equipment in the event that it is damaged through normal use by the Renter (“Covered Event”). It is within the discretion of RME to determine whether a piece of equipment was damaged under a Covered Event.

Non-Covered Event

The Protection Plan will not cover the damages which are not ordinary and incurred through normal proper uses, including but not limited to the following: improper use of the equipment; use of the equipment by an unqualified operator, such as a child or a person without proper training; damage incurred to the equipment as a result of negligence of operator; using any piece of equipment for purposes or in manners outside of recommended use by the equipment manufacturer or seller; use of the equipment against any person; use of the equipment in connection with an illegal act; improper maintenance by either Owner or Renter; any equipment design or manufacturing defect; any out-of-warranty use; or any other use that falls outside of the normal, ordinary and proper use for which the piece of equipment was designed to perform.

Limitation on Coverage

The Protection plan will cover the lesser of the repair or replacement value of the piece of equipment covered by the Protection Plan under a Covered Event up to Twenty-Five Thousand Dollars ($25,000) (“Covered Payment”). RME may use comparables of value for similar age and wear equipment in order to determine the value of the covered equipment, and the value is determined in the sole discretion of RME.

Deductible

Each Covered Event shall have a deductible paid by the Renter equal to fifty percent (50%) of the cost of the Covered Payment not to exceed a maximum deductible of Five Hundred Dollars ($500).

Same or Similar Replacement

In the event that a claim is made for a Covered Event, RME has the right to elect whether to repair or replace. If RME elects to replace the equipment, RME shall have the right to determine the item of replacement. RME makes no guarantees that the item that replaces the equipment will be the exact same make, model, and year as the original equipment. RME reserves the right to replace the equipment with new, refurbished, or pre-owned equipment as long as the replacement equipment is of at least the same age and in the same condition or better than the covered equipment prior to the Covered Event.

Refund of Protection Plan

In the event of a cancellation for any reason, any Protection Plan that is purchased will be refunded in full. RME reserves the right to add limitations or to update this provision without notice.

Limitation of Liability

RME is not responsible for any costs of repairs, replacement, or any damage or injury to person or property as a result of the Protection Plan except as specifically set forth in Equipment Protection Plan.

Legal Disclaimers, Rights, and Disputes

Disclaimers

RME PROVIDES SERVICES THAT ENABLE THE SHARING AND RENTAL OF EQUIPMENT BETWEEN OWNERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, RME DOES NOT ITSELF PROVIDE EQUIPMENT RENTAL SERVICES AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES ON THE PLATFORM OR THE SITE, THE MANUFACTURER OR DISTRIBUTOR OF THE EQUIPMENT, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. EQUIPMENT MECHANICS, MODIFICATION SERVICES PROVIDERS, OR THE LIKE). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, RME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RME makes no warranty that the Platform, Site, or Services, including, but not limited to, the listing and/or any equipment, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. RME makes no warranty regarding the quality of any listings, equipment Owners, Renters, the Services, the Platform, the Site (including the availability of the Site or any listings) or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Platform. No advice or information, whether oral or written, obtained from RME, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST RME AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “ RME PARTIES”) AND ANY RME USER (EXCEPT AS PROVIDED HEREIN) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF EQUIPMENT, ANY MALFUNCTION OF OR DEFICIENCY IN EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, AND, IN THE CASE OF THE RME PARTIES, ANY ACTIONS OR INACTION OF THE OWNER. NEITHER RME NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay Rental Fees pursuant to these Terms, including an approved payment request or claim under a request for refund, damages claim, or applicable insurance policy, in no event will RME ’s or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Platform, exceed the greater of (i) the amounts you have paid or owe for rental reservations via the Platform as a Renter in the three month period prior to the event giving rise to the liability, or if you are a Owner, the amount earned by you in the three month period prior to the event giving rise to the liability, or (ii) US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RME AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “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.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY RME USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND SITE UNLESS (1) YOU ARE AN OWNER WHO HAS DECLINED A PROTECTION PLAN VIA THE SERVICES AND ARE MAKING A CLAIM AGAINST A RENTER WHO RENTED EQUIPMENT FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE RENTER; (2) YOU ARE A RENTER WHO RENTED EQUIPMENT FROM AN OWNER WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE PLATFORM AND SUCH OWNER OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/OWNER; OR (3) YOUR CLAIM RELATES TO MATTERS OUTSIDE THE COVERAGE POLICY OF ANY INSURANCE POLICY.

Indemnification

To the absolute extent permitted by applicable law, you agree to release, defend, indemnify, and hold RME and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, Site, or Services or your violation of these Terms; your user content; your interaction with any user, rental of equipment, or creation of a listing equipment; or the use, of equipment, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a use or rental of equipment.

Liquidated Damages/Contract Penalty

You acknowledge that the actual damages likely to result from you (i) engaging in gray market transactions (i.e., using RME to find a guest or vehicle, and then completing a reservation or related transaction partially or wholly independent of RME, in order to circumvent the obligation to pay any RME Fees) or (ii) registering domains, social media handles, bidding on key words, or otherwise using the RME domains, trademarks, or taglines are difficult to estimate and would be difficult for RME to prove. You will pay RME $5,000 in Liquidated Damages to compensate RME for any such conduct. This amount is not intended as a punishment for any such breach.

No Agency

Neither you nor any other user are the employee, agent, or attorney in fact of RME. You do not have the ability or the authority to enter into any agreement with any other party or person on behalf of RME, make commitments on behalf of RME, or make representations for or about RME, except in the limited circumstances described in these Terms or in the Agreement. RME cannot and will not act on your behalf except in the narrow circumstances described in these Terms.

Miscellaneous

RME may, without notice, revise these Terms at any time by updating this posting. Your continued use of the Site, Platform, or Services now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications. These Terms will be governed and be interpreted pursuant to the laws of the State of Tennessee and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site.

RME reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to our Website.

Invalidity

If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and RME. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an officer of RME.