Equiprr Terms of Use

Revised October 23, 2020

Thank you for your interest in Equiprr and its Services!

Introduction

Equiprr, LLC (collectively “Equiprr”, “we”, or “us”) provides an online service (also known as marketplace) that connects Lenders of equipment (“equipment”, “item”, “items”) with Borrowers who rent the equipment for a fee and provides the ability for Users to communicate with each other. Equiprr is accessible online at equiprr.com. Equiprr’s website, social media sites, and email services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or with other Equiprr Users, you agree to comply with, and be legally bound by, the provisions of these Terms of Use (“Terms”)., whether or not you become a registered User of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Equiprr.

These Terms, together with Equiprr’s Privacy Policy, applicable insurance and equipment protection terms (including Personal Property Protection Plan (PPPP)), and the Transaction Process, accessible via the Services constitute the “Agreement” between you and Equiprr.

Equiprr reserves the right to modify our Services or these Terms at any time, for any reason at our discretion. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to use the Equiprr Services after we have posted a modification or notified you of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Equiprr account within 30 days, in which case the previous effective version of these Terms will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

General Definitions

1. User - anyone who uses the site by creating an account on the Equiprr marketplace or uses any of its Services.

2. Verified User - a User who has provided documentation verifying that they are who they say they are.

3. Item - a physical good that is listed on the Equiprr marketplace, regardless of whether it is made available for other Users to rent.

4. Listing - the posting of an item on the Equiprr marketplace, regardless of whether it is made available for other Users to rent.

5. Lender - the User in a transaction who allows another User to use a listed Item.

6. Borrower - the User in a transaction who purchases the right to use a Lender’s Item for a period of time.

7. Borrowed Item - the Item exchanged in the rental transaction.

8. Rental Agreement - the Borrower and the Lender agree to terms of rental rate, pickup/delivery, and specific rental dates and times.

9. Transaction - the exchange of the use of an Item for a fee as agreed to between Lender and Borrower on the Services and includes the following: the Borrower using the “Confirm payment” button on the Equiprr website, the Lender confirming the transaction, the Buyer’s credit card being successfully charged through the Services, and the exchange of the Item as per the Rental Agreement.

10. Transaction Process - the complete process of the Transaction from Buyer selecting the Item through the safe return of the Item to the Lender. This process is outlined later in these Terms.

General Terms

1. Eligibility. Our Services are intended solely for persons who are 18 years of age or older. This applies both to persons who represent themselves or represent a business. Any use of the Services by anyone younger than 18 is expressly prohibited.

2. Registration. To access certain features of the Services, you must sign up for an account with us (at equiprr.com) by either providing us your email address and password or connecting through an account with a third-party site (including Google and Facebook). Registration may also include providing additional information either during sign-up or afterward to access specific services (for example, your bank account, street address, phone number, and other information is required to create a Stripe account - used to receive monies when Items are rented out).

3. Ongoing Information Updates. You promise to update the information you have provided to Equiprr in the event of any changes such as name or address changes.

4. Rights of Content. You retain the right to all text, pictures and other content that you create in or provide to the Services. You allow Equiprr and its affiliates to utilize the content in accordance with the nature of the Services for marketing, advertising, and fulfilling and optimizing the Services. Such data will not be compiled in conjunction with personally identifiable information. The responsibility of the content you produce and provide or add to the Services lies with you. Equiprr reserves the right to modify or remove content, as necessary, to align the content with these Terms.

5. Disclaimer. Equiprr provides no guarantees of the functioning of the Services or of the actions of its Users. The Users are themselves responsible for their actions in the Services and they should estimate the reliability of other Users before dealing with them. Equiprr can under no circumstances be responsible for damage to equipment, damage to property, or injury or death to Users or others as a result of using the Services or of operating the equipment. The User may not store any information or data in the Services and expect it to remain there.

6. Applicable Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona. Jurisdiction and venue for any dispute between the User and Equiprr shall rest exclusively within the state and federal courts of Pima County, Arizona.

7. Hold Harmless Agreement. Users of Equiprr shall indemnify and hold Equiprr (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Users’ breach of these Terms or the Transaction Agreement, or Users’ violation of any law or the rights of a third party.

8. Responsibility of Content. Content posted by Users of the Services is the responsibility of the User who posted the content. Users shall not hold Equiprr responsible for other Users’ content, actions, or inactions.

9. Voluntary Removal of Content. If a User of Equiprr chooses to retire or delete published content from the Equiprr website, it shall no longer be available or visible to other Users of the Services. This does not, however, include messages between the User and and other Users or comments or messages posted on the Services.

10. Voluntary Termination of Membership. If a User chooses to terminate their membership in the Services, all listings posted by the User shall be removed and no longer visible on the Services. This does not, however, include messages between the User and other Users or comments or messages posted on the Services.

11. User Removal. Equiprr has the right to remove any Users from equiprr.com and terminate their right to use the Services without any specific reason and without being responsible for compensation.

12. Your Commitments. You agree that you will always use your Equiprr account and Services in compliance with these Terms, applicable laws and regulations, and any other policies and standards provided to you by Equiprr.

Transaction Process

The following describes the transaction process that is agreed to.

1. The Lender lists an Item for rent, including: accurate description of the Item, its condition, and capabilities; the daily rental fee; the quantity, make, and model of the Item; the location of the Item; delivery / pick-up options, pictures, and dates available. The Lender ensures that the Item complies with the Terms and Items Exclusion List.

2. Upon submission of the Listing, data is sent to the insurance third-party claims processor to determine the fair market value and Borrower credit card holdback amount for the listed Item.

3. Upon checkout, the Borrower selects the day(s) for renting out the Item, as well as the pick-up / delivery option. The Borrower is able to message the Lender to ask any questions s/he may have about the Item and/or pickup / delivery means and times. All of this, along with the details of the Listing, comprise the Rental Agreement between the Lender and Borrower.

4. The rental data is then sent to the third-party insurance agent to create a transaction-specific policy that will be in effect throughout the duration of the rental. This will include an “insurance” fee to protect the Borrower from any equipment damage or loss as well as a credit card hold that is 10% of the fair market value or $25, whichever is greater.

5. When the Borrower checks out by clicking the “Confirm payment” button, the Borrower agrees to the intent to rent the Item as specified in the Listing and for those specific days and pickup / delivery option selected.

6. An email is sent to the Lender with the details of the rental who then has three days to approve the rental. If the Lender does not approve the rental, the Rental Agreement is cancelled and the Borrower is never charged for the rental. If the Lender does approve the rental, the Borrower is charged for the rental.

7. Upon pickup / delivery of the Item, BOTH the Lender and Borrower take pictures documenting the condition of the Item. If the Item does not match the description or capability as indicated in the listing, or does not appear safe to operate, the Lender is responsible for canceling the rental by contacting Equiprr. If the rental is cancelled as a result of inaccurate Listing details or an Item that is unsafe to operate, the Borrower is entitled to a full refund. If the Borrower accepts the Item, s/he is assumed to give consent that the Item is both safe and as described in the Listing.

8. Prior to or as part of the pickup / delivery of the Item at the start of the rental period, the Lender will provide training manuals, videos, in-person demonstrations, and / or training in how to operate the Item to the satisfaction of the Borrower. This is important to ensure the Borrower uses the Item safely and in accordance with its designed and intended use to minimize potential injury to the User or damage to the Item. If the Borrower accepts the Item, s/he is assumed to give consent that s/he understands how to operate the Item safely and in accordance with its designed and intended use.

9. Upon return of the Item to the Lender, BOTH the Lender and the Borrower take pictures documenting the condition of the Item. If the Item is lost or damaged, the Borrower is responsible for contacting the platform and for filing a claim for the loss or damage within 24 hours of the approved rental period conclusion. If the Borrower does not take responsibility and initiate the claim, then the Lender is also able to contact the platform and initiate the process of filing a claim within 24 hours of the approved rental period conclusion.

10. As part of the claim, the Borrower will describe the condition of the Item before and after, and will upload BEFORE and AFTER photos documenting the damage. If the Item is claimed as stolen, the Borrower is required to submit a report with the local sheriff’s or police department in order to receive the waiver of responsibility. If/when a claim is approved, the Borrower’s credit card is charged the holdback amount and is first used to repair or replace the Item before the Personal Property Protection Policy (PPPP) takes effect.

11. In the event that the Borrower does not take responsibility for the damage or loss of the Item, the Lender is responsible for submitting a claim under the same conditions as outlined in Step 9 above (e.g. BEFORE and AFTER photos, filing a police report, etc.).

12. In the event the Borrower would like to cancel the Transaction and Rental Agreement, it MUST be done at least 24 hours BEFORE the rental is scheduled to begin for a full refund (less credit card fees). If the Borrower cancels the booking within 24 hours of the rental start time, the Borrower is responsible for the entire rental fee, and will not be refunded any portion of the transaction fee (to include the rental fee, the PPPP fee, and sales tax).

Borrower’s Personal Property Protection Plan

Equiprr offers you the peace of mind regarding responsibility for direct physical damage to the Item borrowed. To accomplish this Equiprr includes the Personal Property Protection Plan (“PPPP”). PPPP is a part of the Rental Agreement that waives your financial responsibility for any loss or direct physical damage incurred concerning the borrowed Item for a small added cost to the rental fee, provided you have not violated the Rental Agreement or these Terms, do not intentionally abuse the borrowed Item, or participate in an intentional act that results in direct physical damage to, or loss of, the borrowed Item. PPPP is not insurance. For an added cost to the rental fee, it relieves you from responsibility for direct physical damage to the borrowed Item. The following are specific details of the PPPP program.

1. Why PPPP is a part of your Rental Agreement. For a small added fee, PPPP will potentially save you both time and money in the event an incident occurs in damage to, or complete loss of, the borrowed Item. If such an incident should occur without PPPP, payment for the damage to the borrowed Item and all incidental costs would become your personal out-of-pocket expense. As a Borrower in the PPPP program, you will not be responsible for the direct physical damage to the borrowed Item under the following circumstances. If during the rental period, the borrowed Item is directly damaged by accident, vandalism, fire, acts of nature, or is lost as a result of theft or some other act, the PPPP program waives responsibility for such direct damage or loss to the borrowed Item, provided you have not violated any of the these Terms or the Rental Agreement, intentionally abused the borrowed Item, or participated in an intentional act that results in direct damage to, or loss of, the borrowed Item. Normal wear and tear of the borrowed Item is not a part of the PPPP program.

2. When PPPP is not in effect. The waiver of responsibility for direct damage to the borrowed Item is void and does not apply to protect you from responsibility for such direct damage to the borrowed Item if you violate these Terms and the Rental Agreement, intentionally abuse the borrowed Item, or participate in an intentional act that results in the direct damage to, of loss of, the borrowed Item.

3. How the cost of PPPP is determined. Pricing of PPPP varies depending on the type of Item borrowed, duration of the rental, and condition of the Item at the time of the rental. The PPPP Fee will include the current daily rate for the type of Item rented. Such rates are subject to change as data regarding fair market value and / or likelihood of damage is updated.

4. Qualification for PPPP. Anyone borrowing Items through the Equiprr platform will be a part of the PPPP program waiving direct damage to the borrowed Item provided you have not violated any of the these Terms or the Rental Agreement, intentionally abused the borrowed Item, or participated in an intentional act that results in direct damage to, or loss of, the borrowed Item.

5. How long the waiver is in effect. PPPP is in effect for the entire rental period as specified in the Rental Agreement. This waiver will continue in effect until you relinquish control of the borrowed Item at the specific location and time of return designated in the Rental Agreement.

6. What you have to do if there is direct physical damage to the borrowed Item during the Rental Period.

   • You should notify the platform of the issue via the Chatbot link provided below and work with the platform to resolve the issue of damage to the Item. This is the quickest way to resolve the issues to keep the Lender from losing more income opportunities.

   • There is a claims administration site that includes a chatbot where you can report any direct physical damage to the borrowed Item. The site also allows you to see all of your policies and claims in one location. You must report any direct physical damage to the borrowed Item within 24 hours of the damage to assure that the PPPP is effective to relieve you of any responsibility for such reported damage. At that time, you will be asked a series of questions and requested to provide BEFORE and AFTER photographs and other information and/or proof of the direct physical damage to the borrowed Item. You must comply with the requests to assure that the waiver of responsibility remains in effect.

7. Borrower obligation to pay for a portion of the repair or replacement of the Item. There is a claim filing admin fee of $25 or 10% of the fair market value of the borrowed Item, whichever is greater. This admin fee works much like an insurance deductible. It comprises a security deposit that will be included by Equiprr as a hold on your credit card at the start of the rental and released when the Rental Transaction ends with no claim filed. If the borrowed Item is damaged or lost, this admin fee will be used to repair or replace the item BEFORE PPPP takes effect. Any remaining security deposit balance AFTER repair or replacement of the Item will be refunded to the Borrower.

Borrower Responsibilities

Equiprr is a social marketplace facilitating the exchange of personal information and properties between people. This socialization shall include reading the profile pages of other Users and possibly even contacting them. Equiprr provides to its Users benefits such as, but not limited to, providing a marketplace for Borrowers and Lenders to come together and borrow / lend Items for a fee. When a User acts as a Borrower, there are certain responsibilities the Borrower must agree to.

The Borrower agrees:

1. That s/he is at least 18 years of age with a valid driver’s license or other Arizona state-recognized photo identification. This identification should be upon the Borrower’s person and available to show to the Lender upon exchange of the borrowed Item.

2. To send a cancellation request at least 24 hours prior to the scheduled booking start date and time to receive a full refund (less credit card processing fees). To protect the Lender of potential missed opportunity, if the Borrower misses this deadline they will forfeit 100% of fees paid.

3. To adhere to the Transaction Process as outlined in these Terms.

4. That the Item may only be used and operated carefully, properly and for its intended purpose. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Item, including registration and/or licensing requirements, if any.

5. To keep the Item in the same good operating condition as originally rented, allowing for reasonable wear and tear. Should the Item require parts or repair during the approved rental period, then the Borrower must contact the platform for approval to proceed in order to avoid having to obtain parts or repairs at their own expense.

6. To not modify, repair, or replace the Item without working through Equiprr and receiving express and explicit consent from both Equiprr and the Lender through Equiprr communication channels. Such will provide proper documentation for claims processing.
   

7. That at the conclusion of the Rental Agreement, the Borrower shall be obligated to return the Item to the Lender at the Borrower's expense, unless delivery was contracted by the Borrower as part of the rental.

8. That the Borrower shall inspect, in the presence of the Lender, the rented Item exchanged or delivered according to these Terms and the Rental Agreement. The Borrower shall immediately notify the Lender of any discrepancies between the Item and the description of the Item in the Listing. If the Borrower fails to provide such notice before accepting delivery of the Item, the Borrower will be conclusively presumed to have accepted the Item as specified in the Listing.

9. That the Borrower agrees to return the Item to the Lender in the condition received from the Lender, except for normal wear and tear. If damage or loss occurs, the Borrower shall make a claim via the process described within 24 hours of the conclusion of the approved rental period.

10. That liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the Item during the term of the Rental Agreement is the obligation of the Borrower, and the Borrower shall indemnify and hold the Lender and Equiprr harmless from and against all such liability.

11. That the Borrower shall not assign or sublet any interest in these Terms or the Item, or permit the Item to be used by anyone other than the Borrower or Borrower’s employees or adult family members, without the Lender's prior written consent.

12. That all notices required or permitted under these Terms shall be deemed delivered when delivered in person or by mail, postage prepaid, or via email or other electronic means, addressed to the appropriate party.

13. That these Terms and the Rental Agreement constitute the entire agreement between the parties. No modification or amendment of these Terms of the Rental Agreement shall be effective unless in writing and signed by both parties. These Terms and the Rental Agreement replace all prior agreements between the parties.

14. That if any portion of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. That the failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms.

16. That the parties will attempt to resolve any dispute arising out of or relating to these Terms and the Rental Agreement through friendly negotiations amongst the parties via the Equiprr messaging platform.

17. That every transaction shall be protected by the Personal Property Protection Plan (PPPP) by charging the Borrower a non-optional equipment protection fee. This program will remain in force to protect the Borrower from damage to or loss of the equipment unless the Borrower violates these Terms or the Rental Agreement, intentionally abuses the borrowed Item or uses it contrary to its designed use, or participates in an intentional act that results in direct physical damage to, or loss of, the borrowed Item.

18. That as part of the transaction, the Borrower will have a credit card hold to the amount of 10% of the fair market value or $25 USD, whichever is greater, where the fair market value is determined by the Equiprr’s third-party claims processor. In the event of a claim, this hold will be charged and used first to repair or replace the Item before PPPP monies are used. If the full hold amount is not needed for the repair or replacement of the Item, the remainder will be returned to the Borrower.

19. That our third party claims processing agents will handle all claims that may arise if the Item is returned damaged or is lost. If the Item in question must be replaced, our third party claims processor will determine its fair market value. Valuation is very subjective and may differ between Borrower, Lender, and what is deemed a fair market value. The final valuation amount determined by our claims processor will always prevail. Note: The current maximum coverage limit for any single Item is the fair market value of $5,000 USD.

20. That while Equiprr is a platform that connects people, all the claims are handled by a third-party claims processing firm, and the claims are underwritten by an actual insurance company. Please note that insurance companies are not in the business of writing checks to people. While we are fully committed to providing a safe experience for our Users so they can list their Items with fewer worries, we will take the misuse of such a program very seriously. Equiprr and our insurance company will seek to prosecute, to the fullest extent of the law, anyone attempting to defraud or deceive our insurance-like product, our Users, or Equiprr.

21. That Equiprr’s role is limited to the facilitation of linking Borrower and Lender for the lending/borrowing transaction. No guarantee/warranty of any kind is offered, expressed, or implied. Equiprr will not mediate nor engage in arbitration.

22. To not engage in any class action lawsuits against Equiprr or its affiliates.

23. That if the Borrower has a dispute with one or more other Users, the Borrower shall release Equiprr (and its officers, directors, agents, subsidiaries, joint ventures, 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.

Lender Responsibilities

Equiprr is a social marketplace facilitating the exchange of personal information and properties between people. This socialization shall include reading the profile pages of other Users and possibly even contacting them. Equiprr provides to its Users benefits such as, but not limited to, providing a marketplace for Borrowers and Lenders to come together and borrow / lend Items for a fee. When a User acts as a Lender, there are certain responsibilities the Lender must agree to. All references to “Item” in the bullet points below are referring to the Listed Item that may or may not be transacted.

The lender agrees:

1. That s/he is at least 18 years of age with a valid driver’s license or other Arizona state-recognized photo identification. This identification should be upon the Lender’s person and available to show to the Borrower upon exchange of the borrowed Item.

2. That s/he is the owner of the listed Item or has the proper written authority to list the Item on Equiprr.

3. To adhere to the Transaction Process as outlined in these Terms.

4. That the listed Item is maintained in a safe operating condition and will only be approved to be lent to the Borrower while in said condition.

5. That the Item is not stolen, condemned or subject to legal investigation or inquiry; Item is not irreplaceable or fragile, and the Lender is willing to accept wear and tear from the normal intended use of the Item; the Lender understands that Equiprr does not allow transactions of perishable Items, specialized one-of-a-kind Items, medical devices that require a prescription or special training, chemicals, firearms or weapons, pornography and mature content, or anything deemed illegal (such as illegal paraphernalia or Items that violate third party intellectual property rights). Please see the “Items Exclusion List” for a more detailed description of excluded Items.

6. That Equiprr collects sales tax on all rental fees collected, and pays those sales taxes to the State of Arizona on behalf of the Lender according to the Laws of the State of Arizona. All other taxes and government fees levied as a result of monies earned from the Lending transaction is the sole responsibility of each Lender.

7. That should damage or a loss occur, it is the Borrower’s responsibility to notify the platform and to initiate the process of filing a claim within 24 hours of the approved rental period conclusion. If the Borrower does not take responsibility and initiate the claim, then the Lender is also able and responsible to contact the platform and initiate the process of filing a claim within 24 hours of the approved rental period conclusion. The Borrower is responsible for the holdback / admin fee - also known as the security deposit - which occurs when the claim is initiated. This holdback / admin fee is similar in function to a deductible from an insurance policy.

8. That the parties will attempt to resolve any dispute arising out of or relating to these Terms and the Rental Agreement through friendly negotiations amongst the parties via the Equiprr messaging platform.

9. That our third party claims processing agents will handle all claims that may arise if the Item is returned damaged or is lost. If the Item in question must be replaced, our third party claims processor will determine its fair market value. Valuation is very subjective and may differ between Borrower, Lender, and what is deemed a fair market value. The final valuation amount determined by our claims processor will always prevail. Note: The current maximum coverage limit for any single Item is the fair market value of $5,000 USD.

10. That while Equiprr is a platform that connects people, all the claims are handled by a third-party claims processing firm, and the claims are underwritten by an actual insurance company. Please note that insurance companies are not in the business of writing checks to people. While we are fully committed to providing a safe experience for our Users so they can list their Items with fewer worries, we will take the misuse of such a program very seriously. Equiprr and our insurance company will seek to prosecute, to the fullest extent of the law, anyone attempting to defraud or deceive our insurance-like product, our Users, or Equiprr.

11. That Equiprr’s role is limited to the facilitation of linking Borrower and Lender for the lending/borrowing transaction. No guarantee/warranty of any kind is offered, expressed, or implied. Equiprr will not mediate nor engage in arbitration.

12. To not engage in any class action lawsuits against Equiprr or its affiliates.

13. That if the Lender has a dispute with one or more other Users, the Lender shall release Equiprr (and its officers, directors, agents, subsidiaries, joint ventures, 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.

Items Exclusion List

1. Aircraft of any kind including items with an FAA identification number

2. Powered watercraft of any kind (including boats and jet skis)

3. Autos of any kind (including cars, trucks, snowmobiles, all-terrain vehicles, RV’s, or any other motorized vehicle)

4. Trailers of any kind

5. Firearms or weapons

6. People or animals

7. Medical devices

8. Alcohol, tobacco, guns, drugs and drug paraphernalia

9. Illegal items, items promoting illegal activity and highly regulated items

10. Internationally regulated items

11. Pornography and mature content

12. Items that violate third party intellectual property rights

13. Heavy construction-related equipment