Eqpme's Terms & Services
Terms of service
Last revised: July 9th, 2020
Thank you for your interest in Eqpme!
Please read these Terms of service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.
Eqpme Inc., for and on behalf of itself and its subsidiaries (collectively, “Eqpme”, “we”, or “us”), provides an online equipment sharing platform that connects Owners with Renters to book equipment. Eqpme is accessible online including ateqpme.com and as an application for mobile devices. Eqpme’s websites, blog, mobile applications and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Eqpme users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. “Message Center” by using our Message Center, you can communicate between Owners & Renters during a reservation to confirm and send each other documentation pertaining to a rental. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Eqpme. “Piece(s) of equipment ” covers all classes of equipment, machinery, vehicles, tools, accessories and any ancillary items which the Owner agrees to rent or sell to the Renter and anything which is supplied by the Owner to effect the rental or sale and for the safe operation and routine maintenance and inspection of such equipment, machinery, vehicles, tools, accessories and ancillary items.
Modification. Eqpme reserves the right, in our sole, absolute and unfettered discretion, to modify our Services and/or to modify these Terms at any time. If we modify these Terms, we will post the modification on our website. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted 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 Eqpme Account.
If you have any questions for us concerning these Terms & Services, or Eqpme in general, please contact us email@example.com
Eligibility. Our Services are intended solely for persons who are 18 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
Registration. To access certain features of the Services, you must sign up for an account with us (a “Eqpme Account”) by providing us your email address and creating a password.
Verification. When you list or book a piece(s) of equipment, you provide us with certain information about yourself to enable us to verify your identity and information in order to be approved. You promise to provide complete and accurate information to Eqpme about yourself and your piece(s) of equipment, as applicable. Where permitted, Eqpme has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and equipment of users. Eqpme does not endorse any piece(s) of equipment, user, or a user’s background, or commit to undertake any specific screening process. Eqpme may in its sole, absolute and unfettered discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Eqpme to request, receive, use, and store such information. Eqpme may accept or reject your application to become an Owner or Renter in its sole, absolute and unfettered discretion. Eqpme may, but does not commit to, undertake efforts to ensure the safety of piece(s) of equipment shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, operational use, and maintenance of any piece(s) of equipment beyond our policies that require Owners to ensure their piece(s) of equipment are in safe and operable condition, legally registered to their Owners, have mandatory insurance coverage, have a clean (non-salvaged/non-branded/non-washed/non-written off) title, maintained for good use, safety inspections by applicable law, accurately reflect it’s detail/sales page, and not subject to any applicable safety recalls, and otherwise satisfy our Eligibility & Maintenance policy. We do not independently verify, or require independent verification of, any information provided to us by Owners. All Renters are required to conduct their own due diligence.
Ongoing Information Updates. You promise to update the information you have provided to Eqpme in the event of any changes to your profile, contact information, financial information, listed equipment or general background information. Specifically with respect to your contact information, Eqpme may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are, and will be solely responsible for, all of the activity that occurs through your Eqpme Account, so please keep your password and Eqpme Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Eqpme Account, whether or not you have authorized such activities or actions. You will immediately notify Eqpme of any actual or suspected unauthorized use of your Eqpme Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Eqpme Account after you have reported unauthorized access to us.
Your Commitments. You agree that you will always use your Eqpme Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Eqpme. As a piece(s) of equipment Owner you commit that you will provide a safe, legally registered and insured piece(s) of equipment, with a clean (non-salvage/branded/written off) title, in good mechanical condition, on time to the Renter who is renting your piece(s) of equipment on any other equipment sharing marketplace. As a Renter, you will commit to using our Services, be a competent person, provide proof to the Owner of a current, valid driver’s license, and any other necessary documents, who will treat the piece(s) of equipment and any applicable additional items (“Attachments”) well and will take all reasonable measures to return the piece(s) of equipment and any Attachments on time and in essentially the same condition as received. All rental equipment must be respected, maintained and kept clean in the same manner it was received. Any damages must be immediately reported to the Owner and dealt with in the manner which the Owner requests. Eqpme is not responsible for any damages to the listed and rented equipment. In connection with your use of or access to the Services you may not, and you agree that you will not personally, nor will you advocate, encourage, request, or assist any third party to:
Violate any law, including:
● Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, or third party rights;
● Post false, inaccurate, misleading, defamatory, or libelous content;
● Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Eqpme, or that comes from the Services and belongs to another Eqpme user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Eqpme;
Dilute, tarnish, or otherwise harm the Eqpme brand in any way, including:
● through unauthorized use of Eqpme and/or user content;
● registering and/or using Eqpme or derivative Terms in domain names, trade names, trademarks, or otherwise;
● registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Eqpme domains, trademarks, taglines, promotional campaigns, or Eqpme and/or user content.
Provide or submit any false information, including:
● false name, date of birth, driver’s license, payment method, credit cards, insurance, or other personal information;
● a damage claims, or response to any claims (for example about damage to a piece(s) of equipment), with false or misleading information; Please see our FAQ
● offer, as an Owner, any piece(s) of equipment or optional Extras that you do not yourself own or have authority to share;
● offer, as an Owner, any piece(s) of equipment that may not be shared for compensation pursuant to the Terms and conditions of an agreement with a third party, including, but not limited to, a lease or financing agreement;
● offer, as an Owner, any piece(s) of equipment that has a salvaged, branded, written off, washed, or unclean title or that is not safe, legally registered, or not insured to be operated on public roads (if applicable);
● offer, as an Owner, any Extra that is not safe, clean, and acceptable for the use it is intended;
● book any piece(s) of equipment with a valid driver’s license ;
● any listing with false or misleading information, or any listing with a price that you do not intend to honor;
● register for an Equipment Account on behalf of an individual other than yourself;
● impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Fail to honor your commitments, including:
● fail to pay fees, penalties, or other amounts owed to Eqpme or another user;
● fail, as either a Renter or Owner, to timely deliver, make available, or return any piece(s) of equipment and/or Attachment(s).
● use the Services to find a Owner or Renter, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Eqpme’s provision of the Services or for any other reasons (aka, gray market transactions);
● transfer your Eqpme Account and/or user ID to another party without our consent;
● operating a piece of equipment without being properly trained.
● list or provide to a Renter a piece(s) of equipment that is subject to a safety recall without first properly addressing the matter subject to the recall;
● leave a piece(s) of equipment unlocked or running with the keys inside, except where instructed to do so directly by Eqpme in certain limited circumstances.
Harm or threaten to harm users of our community, including:
● “stalk” or harass any other Eqpme user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Eqpme Owner or Renter in accordance with these Terms;
● engage in physically or verbally abusive or threatening conduct;
● use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
● treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the Eqpme community; Please see our view our Nondiscrimination & Community Guidelines.
Use the Services for your own unrelated purposes, including to:
● contact a Owner for any purpose other than in relation to a booking or said Owner’s piece(s) of equipment(s) or listing(s);
● contact a Renter for any purpose other than in relation to a booking or such Renter’s use of the Services;
● commercialize any content found on Eqpme or software associated with our Services, including reviews;
● harvest or otherwise collect information about users without their and our consent;
● recruit or otherwise solicit any user to join third party services or websites that are competitive to Eqpme, without Eqpme’s prior written approval;
Interfere with the operation of the Services, including by:
● interfering with any other user’s listings;
● entering into a Eqpme transaction with a member of your family, household, friend, colleague, or acquaintance;
● distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
● distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Eqpme or the interests or property of others;
● bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
● systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
● using display mirroring or framing the Services or any individual element within the Services, Eqpme’s name, any Eqpme trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Eqpme’s express written consent;
● accessing, tampering with, or using non-public areas of the Services, Eqpme’s computer systems, or the technical delivery systems of Eqpme’s providers;
● attempting to probe, scan, or test the vulnerability of any of Eqpme’s system or network or breach any security or authentication measures;
● avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Eqpme or any of Eqpme’s providers or any other third party (including another user) to protect the Services;
● forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
● attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
● endeavoring to circumvent a suspension, termination, or closure of your Eqpme Account, including, but not limited to, creating a new Eqpme Account to circumvent an account suspension or closure or giving piece(s) of equipment registered to you or a member of your household to other Eqpme users to list.
Violations. Eqpme has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement violations of the Terms in the fullest extent permissible by the law. Eqpme may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Eqpme or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of Eqpme, its employees, its users, or members of the public.
Eqpme reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Eqpme, in its sole, absolute and unfettered discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Eqpme, our users, or employees in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Eqpme Account(s) and access to our Services, remove Owner content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. 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.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying ourPolicies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole, absolute and unfettered discretion.
Fees; Collection of Fee. The fees we charge for using our Services and other cost structures can be found on our Fee Structure. When you provide Eqpme a payment method, you authorize Eqpme, or third-party, service providers acting on Eqpme’s behalf, to store your payment credential for future use in the event you owe Eqpme any money. You authorize Eqpme to use stored payment credentials for balances, including forpayments, fines, fees (e.g., late fees, damage fees, transportation costs, processing fees and claims costs and related administrative fees). Eqpme and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. Eqpme, or the collection agencies we retain, may also report information about your Eqpme Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your Eqpme Account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to Eqpme by you. Such communication may be made by Eqpme or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information Eqpme reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact firstname.lastname@example.org. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Eqpme Account, you must contact the collection agency directly.
Communications with You. In order to contact you more efficiently, you agree that we may at times contact you using email services, pre recorded message calls or text messages at your telephone number(s). We may place such emails, calls or texts primarily to confirm your signup; provide notices regarding your Eqpme Account or Eqpme Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. We may share your phone number(s) and email with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) and/or emails with third parties for their own purposes without your consent. Standard email, telephone minute and text and data chargesmay apply. Where Eqpme is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Eqpme and its partners, without further notice or warning and in our discretion, to monitor or emails and/or record telephone conversations you or anyone acting on your behalf has with Eqpme or its agents for quality control and training purposes. You acknowledge and understand that your communications with Eqpme may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing email@example.com
Eqpme does not offer insurance nor do we verify the existence or adequacy of any insurance purported to be in place by either the Owner or Renter. We do not recommend or provide, nor are we affiliated with, any insurance products, companies, brokers, etc. Owners and Renters are required to deal with all aspects of insurance directly between themselves. As an Owner of one or more pieces of equipment, you commit that you will provide safe, legally owned and insured pieces of equipment in all instances. EQPME recommends that Owners obtain appropriate insurance for the rental, sale or use of their equipment, including without limitation liability, rental and conversion coverage. Please review any insurance policy that you may have related to the rental, sale or use of Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including but not limited to, whether or not your insurance policy will cover rental, conversion, theft and the actions or inactions with Renter (and the individuals employed or retained by the Renters). Your insurance policy contains limitations and restrictions which vary and may affect your coverage and/or determine whether or not benefits will be payable.
Owners and Renters hereby acknowledge and agree that Eqpme has no connection to the equipment or any insurance carried in respect thereof. Owners and Renters hereby acknowledge and agree to hold Eqpme harmless with respect to any claims of any kind whatsoever related to the lack of insurance, the adequacy of any insurance or the ability of either Owners or Renters to obtain any insurance, of any kind or description whatsoever.
No Lease/Rental Agreement.
All Owner(s) & Renter(s) acknowledge and agree that nothing herein contained constitutes a lease and/or rental agreement of any kind or description whatsoever between any Owner(s) and any Renter(s). These Terms create no contractual relationship between Owners and Renters except as may be explicitly set out herein and use of the Services does not constitute a lease/rental agreement between any Owner(s) and Renter(s) in any circumstance. All rental agreements are concluded solely between the Owner and the Renter. A Renter and an Owner may create and use their own rental terms and/or modify the Rental Agreement as they see fit.It is your responsibility to review your Lease/Rental Agreement in advance to determine whether it is suitable for your purpose. The Lease/Rental Agreement is to be used at your own risk and expense. You acknowledge and agree that you may be required by an Owner to enter into one or more separate agreements, waivers or terms and conditions prior to renting and an Owner may place additional restrictions on your booking, product or service.
Independent Legal Advice/Representation. EQPME strongly recommends all parties using the Services retain appropriate legal representation to enter into a legal and enforceable agreement in their jurisdiction. WE TAKE NO RESPONSIBILITY FOR ANY ATTEMPTED OR PURPORTED USE OF, OR RELIANCE ON, THESE TERMS AND/OR THE USE OF THE SERVICES TO PROVE OR DISPROVE THE EXISTENCE OF ANY CONTRACTUAL RELATIONS BETWEEN ANY TWO OR MORE PERSONS. EQPME does not qualify or verify Owners or Renters in any way and does not educate Owners & Renters on the safe handling and operation of equipment or safety hazards inherent in using equipment. It is the responsibility of each Owner & Renter to engage only in those activities involving the use of Equipment for which it has the prerequisite skills, qualifications, preparation and training. Compliance with all safety, legal and regulatory requirements in connection with any Rental or Sale transaction or the use of any equipment is the responsibility of the Owner & Renter and not EQPME.
Late Fee Policy:
During a reservation of a rental, if the Renter exceeds the scheduled and confirmed reservation. Then the Owner & Renter are required to follow the steps below. There is no extension option on our platform.
We expect Renters to return their Owners equipment on time to avoid inconveniencing and worrying the Owner and their next Renter. If there’s any chance of a late return, you must request an extension as soon as possible. Follow these extension guidelines
- Contact your Owner to alert them to the request so they can respond quickly.
- Check in with Owner if it is possible to rebook the piece of equipment for the required dates. If the Owner replies it is available please rebook once again through the Eqpme platform. If the equipment is unavailable, or you have insufficient funds, or the Owner doesn’t respond to you or denies your request. If that happens, you must return the piece of equipment at the originally scheduled end time. If you’re excessively late, the Owner may charge for additional usage, and you may be subject to related charges. The late fees will be determined by the daily rental rate divided into the amount of late hours. The Renter must respect the Owners schedule for the rented piece of equipment
We expect Owners to create a good faith effort to accommodate extensions if possible by rebooking the exact same or similar piece of equipment. Before you can charge a renter for additional usage of your piece of equipment, you must first do the following:
- Encourage the renter to rebook the rental by completing another booking on our platform or let them know that the reservation/piece of equipment can’t be rebooked.
- Message the Renter telling them that the rental is available and can be used for the additional usage.
- Please report only legitimate late returns. Misreporting could result in an account removal from our marketplace.
As an Owner you have the ability to choose a price per litre (or gallon as applicable) that you will charge to Renters upon return of the equipment for fuel used and not refilled. As an Owner you have the ability to choose a price per hour that you will charge to Renters upon return of the equipment for additional hours used and not included in the rental. Additional charges, such as fuel charges and additional hours, will only be paid to Owners if all required pre and post rental inspection forms are submitted to Eqpme fully executed by both Owner and Renter. In the event a Renter fails or refuses to execute the post-rental inspection form the Owner must submit the post-rental inspection form together with evidence confirming the failure or refusal on the part of the Renter.
- Renter: The Renter may either refuel the equipment back to its initially received amount (as specified on the pre-inspection form) or pay the fuel rate stated by the Owner in the listing for the specific piece of equipment. All rentals must be returned with the exact same amount of fuel given (Referencing Pre & Post Inspection Forms). Any fuel charges will be applied manually by Eqpme upon receipt of all necessary evidence.
- Owner: The Owner shall give the Renter their reserved piece of equipment with a full tank of fuel, if not the Renter is only responsible for the exact amount of fuel provided by the Owner as confirmed in the pre-inspection form.
How to manage your fuel pricing:
- Go to: Your Listings > Edit Listing > Description > Fuel
- This will allow you to control your fuel rates. This can be changed at anytime.
Fuel Reimbursement & Process
- Once you receive your equipment back from the reservation and you find there is less fuel than you initially filled for your rental, you can request reimbursement using our Pre & Post Inspection Form. This will help provide Eqpme to manually charge the requested amount to the Renter. We will use and compare the Pre & Post Inspection Forms and photos to manually charge the Renter if applicable.
- The Pre & Post Inspection forms must be completed, signed (by both parties), and uploaded to the Eqpme Message Center in order to confirm any overages related to the rental. We also recommend you keep all records on file for your own reference.
- If the Renter fails or refuses to sign the Post Inspection form, or to respond to requests to do so, Eqpme reserves the right to treat this as confirmation that the information contained in the Post-Inspection Form is accurate and the Renter may be required to pay any additional expenses and charges.
- All payouts will be processed via Stripe and can take a maximum of 7 days.
- Renter: As a Renter you understand and agree to comply with the daily allowable hours set by the Owner in their listing for the specific piece of equipment. If the Renter exceeds the total allowable hours per rental then the Renter will be subject to additional charges.
- Additional hours and charges therefore will be calculate based on either the hourly rate specified by the Owner in the listing or the daily rate divided by the allowable hours per day.
- All hours must be confirmed and referenced in the Pre & Post Inspection Form and should be uploaded to the Eqpme Messaging Center prior and after the rental.
- Eqpme will confirm and validate hours via the Pre & Post Inspection Forms as well as uploaded photos to manually charge the Renter if applicable. If the photo of the hour odometer is not up-to-date or the Owner does not properly fill out the inspection form then the Renter will not be charged for any claimed overages.
Owner: The Owner shall record the hours by completing and filling out the Pre & Post Inspections Forms. The Pre & Post Inspection forms must be completed, signed (by both parties), and uploaded to the Eqpme Message Center in order to confirm any overages during the rental. We recommend you keep all records on file for your own reference. Owners can also use their own pre & post inspection checklist as long as they upload the completed forms to the message center.
- If the Renter fails or refuses to sign the Post Inspection form, or to respond to requests to do so, Eqpme reserves the right to treat this as confirmation that the information contained in the Post-Inspection Form is accurate and the Renter may be required to pay any additional expenses and charges.
- All payouts will be processed via Stripe and can take a maximum of 7 days.
How to manage your daily hour rate:
- Go to: Your Listings > Edit Listing > Specification > “How many hours are allowed per daily rental”
- This will allow you to control your daily hour rate. This can be changed at anytime.
Eqpme charges a fee to Owners of 10% of all additional charges. Notwithstanding any of the foregoing, we retain the right to deny additional charge requests by Owners in our sole, absolute and unfettered discretion.
Pre & Post Inspection Forms:
Eqpme has supplied for your convenience a helpful recommended pre & post inspection form to help Owners & Renter complete a visual inspection of the piece of equipment. This is recommended, if Owners & Renters can choose to use their own inspection forms they can. These inspections can be filled out and uploaded to the Message Center on our platform. Both parties can visually sign off on these forms, but it is the responsibility and due diligence of the Owner & Renter. Eqpme provides these forms for use for record-keeping purposes only. They are not legally binding and do not impose any liability on Eqpme to take any action, or refrain from taking any action.
All documents supplied by Eqpme are only recommended and are samples. Eqpme ™ is not a law firm and cannot provide legal advice. We provide information and software and you are responsible for appropriately using this material. ©2020 Eqpme ™. All Rights Reserved.
Law and Forum for Disputes. The laws of the Province of Ontario and the applicable federal laws of Canada shall govern the Terms and any dispute or claim you have against Eqpme in all respects unless you are a resident of Quebec. All residents of Canada, other than residents of Quebec, agree that any claim or dispute you may have against Eqpme must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the Parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes unless you are a resident of Quebec.
Legal disputes for Owners and Renters residing in Canada
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED
Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, the Parties agree that we will resolve any claim or controversy at law or equity that arises out of the Terms or our Services in accordance with one of the subsections below or as the Parties otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CAD$50,000 the Party requesting relief may seek to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event that a Party elects for arbitration and the other Party agrees to such arbitration, such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Other legal matters
Eqpme Content and User Content License. Subject to your compliance with the provisions of these Terms, Eqpme grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Eqpme and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eqpme or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole, absolute and unfettered discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your piece(s) of equipment(s), reviews, feedback, and descriptions of your piece(s) of equipment. By making available any content on or through the Services, or through Eqpme promotional campaigns, you grant Eqpme a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Images, Eqpme does not claim any Ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Promotions. You must be a user in good standing (e.g., not suspended) and comply with these Terms and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Eqpme community. Renters and Owners cannot cancel existing reservations to qualify for new promotions. Owners cannot allow acquaintances, friends, or family to book their piece(s) of equipment in order to qualify for promotions.
Termination. You may discontinue your use of the Services at any time and Eqpme may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations You incurred prior to the termination and Eqpme may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those Terms will survive any termination of the Agreement.
No piece(s) of equipment Transfer or Assignment. Except as otherwise provided herein, Renters and Owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a piece(s) of equipment or optional Extras shared through the Eqpme Services.
Disclaimers. Eqpme PROVIDES SERVICES THAT ENABLE THE SHARING OF piece(s) of EQUIPMENTS AND OPTIONAL EXTRAS BETWEEN Owners AND Renters. EXCEPT AS OTHERWISE PROVIDED IN THESE Terms, EQPME DOES NOT ITSELF PROVIDE PIECE(s) OF EQUIPMENT SHARING OR 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, THE MANUFACTURER OF THE PIECE(S) of EQUIPMENT OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-piece(s) of EQUIPMENT GPS OR OTHER SYSTEMS). 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, EQPME 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. Eqpme makes no warranty that the Services, including, but not limited to, the listing and/or any piece(s) of equipment or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Eqpme makes no warranty regarding the quality of any listings, piece(s) of equipment, Owners, Renters, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Eqpme, 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 Eqpme AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, OR EMPLOYEES (TOGETHER, THE “Eqpme PARTIES”) AND ANY Eqpme USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE Owner PROVIDES THEIR OWN COMMERCIAL/RENTAL PROTECTION PLAN OR WITH RESPECT TO OPTIONAL EXTRAS) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, PIECE(S) OF EQUIPMENT NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A piece(s) of 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 OF YOUR PASSENGERS (EXCEPT IF DAMAGE ARISES FROM AN EXTRA) AND, IN THE CASE OF THE Eqpme PARTIES, ANY ACTIONS OR INACTION OF THE Owner. NEITHER Eqpme 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 piece(s) of equipment 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 amounts to applicable Owners or Renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will Eqpme’s or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or your use of the Services, exceed the greater of (i) the amounts you have paid or owe for bookings via the Services as a Renter in the twelve month period prior to the event giving rise to the liability, or if you are a Owner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (ii) CAD$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Eqpme 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.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST Eqpme FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Eqpme 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 Services or your violation of these Terms; your user content; your interaction with any user, booking of a piece(s) of equipment, or creation of a listing for a piece(s) of equipment; or the use, condition, 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 booking, sharing, or use of a piece(s) of equipment or optional Extra.
Liquidated Damages/Contract Penalty. You acknowledge that the actual damages likely to result from you (i) engaging in gray market transactions (i.e., using Eqpme to find a Renter or piece(s) of equipment, and then completing a reservation or related transaction partially or wholly independent of Eqpme, in order to circumvent the obligation to pay any Eqpme Fees) (ii) registering domains, social media handles, bidding on key words, or otherwise using the Eqpme domains, trademarks, or taglines; or (iii) suing or making claims against another Eqpme user are difficult to estimate and would be difficult for Eqpme to prove. You will pay Eqpme CAD $5,500 in Liquidated Damages to compensate Eqpme for each and every occurrence of any such conduct. This amount is not intended as a punishment for any such breach.
Eqpme is not a rental equipment company. It does not own any equipment and is not in the business of renting equipment to the public. Eqpme provides an online platform where Owners and those in need of equipment can meet and share equipment amongst themselves subject to these Terms.
Rounding Off. Eqpme may, in its sole, absolute and unfettered discretion, round up or down amounts that are payable from or to Owners or Renters to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) where permissible under applicable law.
No Agency. Eqpme does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Eqpme and Eqpme will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
General. These Terms states the entire understanding between you and Eqpme concerning your access to and use of the Services and supersedes. With the exception of appointing a custodian to manage your piece(s) of equipment on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Eqpme. You will remain responsible for your obligations and actions hereunder in any event. If any provision of the Terms is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Eqpme Director or Officer must agree to any modification or waiver of any term of the Terms in writing. Eqpme’s failure to exercise any right under the Agreement will not constitute a waiver of any other right Eqpme may have.
Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Translations. Where Eqpme has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
Owners: Where an Owner represents that it will provide insurance coverage of any kind, rental & liability agreement waiver, or protection plan to its Renters, no third-party liability insurance, physical damage protection, and/or on site assistance the Renter must verify the existence and/or adequacy of any of the offered products directly with the Landlord.
All Owners must have rental insurance on all of their pieces of equipment listed using the Eqpme platform and services. Renters are fully responsible for paying any damage to the piece(s) of equipment, as well as deductibles, contribution, fees, expenses, or fines arising out of the use of any equipment booked through Eqpme.
Use of the piece(s) of equipment. When you book a piece(s) of equipment from a Owner through Eqpme, you must use the equipment in accordance with its intended use. You may not access a piece(s) of equipment until the beginning of your reservation period and you must return the piece(s) of equipment on time and in the correct location or have the Owner pickup the equipment on time to avoid additional fees. You must present the Owner with a current, valid driver’s license. You are required at all times to operate the piece(s) of equipment safely, and in compliance with all applicable laws, including without limitation, unintended use, horseplay, under the influences of drugs and alcohol, not modify the equipment, and use in compliance with the manufacturer specifications and prohibitions on impaired or distracted operation of the equipment. You are required to wear seat belts during the operation of the piece(s) of equipment (if applicable). You must not leave the equipment unlocked or with the keys unsecure (such as in the ignition), and the equipment must be stored securely and safely.
Condition of the piece(s) of equipment and Optional Extras. You understand that third parties own the piece(s) of equipment and Extras offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the piece(s) of equipment is registered and insured) and maintaining their piece(s) of equipment(s) in safe, operational and in good working manner. Renters acknowledge that operators must be trained in the specific use of the equipment. After the request to book has been completed and communication has been established, the Owner must upload photos of their reserved equipment to the conversation platform between themselves and the Renter. After the reserved piece of equipment is returned to the Owner, post photos must be uploaded to the same conversation platform to ensure no damages were incurred. Renters are advised to complete a visual inspection before beginning use of any piece(s) of equipment. If a Renter finds damage in an initial inspection, the Renter should upload photos of such pre-existing damage prior to the start of the rental to avoid future disputes. If a Renter finds damage on an initial inspection and fails to report it, the Owner, Eqpme, any third party administrators, may assume that the damage occurred during the rental period. If, after the initial inspection, the Renter believes that the equipment is not safe to operate, please do not use the piece(s) of equipment; immediately contact the Owner directly and the Eqpme team at firstname.lastname@example.org.
Incident Reporting. If there is ever an accident or incident during the rental period, Renters should immediately report any damage to the Owner. If an accident, incident, or theft has occurred, please immediately notify emergency services (E.g. police, fire, etc) and also please contact the Owner and us at: email@example.com. Renters will need to use all reasonable efforts to secure evidence from any available witnesses and to provide the Owner, Eqpme or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. Renters are also required to cooperate in any loss investigation conducted by the Owner, Eqpme, third party claims administrators, or insurers. After an incident, you may not continue to use the piece(s) of equipment unless you have the explicit permission of Eqpme staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate your efforts and claims.
Repossession. The Owner may repossess any piece(s) of equipment booked through the Services without demand, at the Renter’s expense, if the piece(s) of equipment is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Lost/Stolen/Missing piece(s) of equipment. If any piece(s) of equipment go(es) missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), Renters are obligated to report these changes to the Owner as soon as possible, and in no event later than twenty-four hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to EQPME banning Renters from using the Services in our sole, absolute and unfettered discretion. Owners hereby acknowledge and agree that they are solely responsible for reporting any missing or stolen equipment to the authorities should they so choose. Owners and Renters acknowledge and agree that any disputes with respect to lost, missing or stolen equipment shall be between themselves alone and EQPME shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to firstname.lastname@example.org. EQPME has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.
Specific Terms for Owners
The following Sections also apply if you share your piece(s) of equipment through the Services:
Information Given at Registration. When you sign up for Eqpme, you will have specifications of equipment(s) that you want to list for sharing through the Services. Each piece(s) of equipment must meet the requirements foundhere . You may only use the Services in connection with piece(s) of equipment that you own or otherwise have all the necessary rights and permissions to share for compensation.
Listing Only on the Services, Exclusivity Policy. Any piece(s) of equipment you list on the Services must be exclusively listed on the Services. You cannot list any piece(s) of equipment you intend to share on the Services on any other equipment sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claim, removal of the piece(s) of equipment from the Services, account closure, or other action, in Eqpme’s sole, absolute and unfettered discretion.
Piece(s) of Equipment Availability. Once a rental is booked, you must make the piece(s) of equipment available or deliver the piece(s) of equipment as expected by the Renter. If you offer the Renter the option to pick up your piece(s) of equipment at a persistent specified location, you must supply the location of the piece(s) of equipment accurately to Eqpme and ensure that the piece(s) of equipment is available at that location at the beginning of the reservation period.
Listing Expiration: After a Renter requests to book a piece of equipment, the Owner has only 24 hours to accept and respond to the Renter. If not, the listing will automatically expire and become no longer available.
Cleaning Fee: Renters are required to pay a cleaning fee for each reservation. A cleaning fee of $150.00CAD is applied to each rental on the Eqpme platform. The Renter pays this fee which is in turn provided to the Owner to compensate the Owner for providing a clean and safe piece of equipment. All Owners are responsible to clean their equipment prior to a rental.
If a Renter receives a rented piece of equipment and notices it has not been cleaned for their prior use. Renters are required to take and upload pictures to the Eqpme messaging Center to show the Owner. Eqpme will validate the dispute and credit accordingly. Renters take responsibility to do so before their rental begins. Renters cannot claim an unclean piece of equipment after their rental has started.
Transportation. You will have the ability to set and revise the piece(s) of equipment’s pricing as you choose. Owners have the availability to offer transportation for each listing. These fees will be applied by the Owner to the Renter on the Eqpme platform. Transportation is solely the responsibility of the Owner that is offering to deliver and pick up their reserved equipment. Owners must ensure their transportation decisions follow local, provincial and federal requirements. Safe operation and use must be followed. Owners and Renters hereby acknowledge and agree that Eqpme has no connection to the equipment or any insurance or transportation carried in respect thereof. Owners and Renters hereby acknowledge and agree to hold Eqpme harmless with respect to any claims of any kind whatsoever related to transportation.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to theStripe Connected Account Agreement, which includes theStripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Eqpme enabling payment processing services through Stripe, you authorize Eqpme to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your piece(s) of equipment. You further agree to provide accurate and complete information about you, and authorize Eqpme to share it and transaction information with Stripe for the purposes of facilitating payment processing services provided by Stripe. Eqpme reserves the right to switch payment processing
Owners at its discretion. By using the payment system Stripe, you will receive your payment a maximum of 7 days after the rental is complete. You will be paid via Stripe.
Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your profits made as a result of your use of the Services. It is your responsibility to familiarize yourself with any and all applicable tax rules and regulations and to consult with your personal tax advisor. Eqpme charges harmonized sales tax on our service fee and itemizes this cost on all invoices provided. In no circumstances do we collect or remit taxes on behalf of either Owners or Renters.
Owners are solely responsible for incorporating local, federal, state or provincial sales taxes in their listings and to price their equipment accordingly. Owners are solely liable for filing their own taxes with respect to their use of the Services.Eqpme makes no representations or warranties regarding how taxing authorities in any jurisdiction will treat income earned by Owners utilizing the Services. Owners are hereby advised that if they are required to remit GST/HST then they must remit the same in accordance with any and all applicable rules in their province of registration. Amounts received by Owners from transactions using EQPME’s website are inclusive of any GST/HST which may be required to be paid by the Owner. EQPME is not responsible for remittance of any GST/HST on behalf of any Owner or Owners.
Maintenance. You are required to regularly check your piece(s) of equipment for any defects in its operations or safety. Owners must promise that, at all times, your piece(s) of equipment will be in safe, operational, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You will only list piece(s) of equipment(s) with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your piece(s) of equipment to be booked. In addition, if Eqpme believes that your piece(s) of equipment does not conform to reasonable standards, Eqpme may notify you and reserve the right to remove or decline listing your piece(s) of equipment until its concerns have been resolved. Eqpme may, but does not commit to, undertake efforts to ensure the safety of piece(s) of equipment booked through the Services. Learn more about our piece(s) of equipment eligibility requirementshere. All pieces of equipment shall have their annual inspection records up to date, any manufacture stickers depicting maximum loads and information.,
Incident Reporting. If you believe that a Renter has caused any damage to your piece(s) of equipment, we strongly advise you to report that damage as soon as you become aware of itand to provide reasonable cooperation in the investigation of the damage so that it can be eligible for disputes as between you (Owner), the Renter and your insurance company (if applicable). You must report and record all incidents to your insurance company directly as Eqpme is not responsible for any incidents that may occur at any time or times before, during or after the use of the Services.
Eqpme takes no responsibility for assisting in recovery of any fees, charges, costs or expenses of any kind or description whatsoever related to damaged equipment. Eqpme may intervene in its sole, absolute and unfettered discretion.
Damages. Eqpme is not responsible for any equipment (of any kind or description whatsoever) including, but not limited to, base equipment, optional Attachments or any personal property, including any aftermarket installations (e.g. equipment racks, etc), that are taken from your piece(s) of equipment and/or damaged during a reservation period. We recommend that you remove all personal property before making the piece(s) of equipment available for a reservation. In addition, you should expect normal wear and tear on your piece(s) of equipment and any Attachments, including minor scrapes and dings, in connection with your participation in the Services. We strongly recommend you contact your insurance provider prior to using the Services to determine your coverage for rental related matters. Eqpme generally does not intervene in disputes between Owners and Renters related to damages, though it reserves the right to do so in its sole, absolute and unfettered discretion.
Lost/Stolen/Missing piece(s) of equipment. If any piece(s) of equipment go(es) missing, is/are not returned and/or is/are stolen during the reservation period (or any extension period), Renters are obligated to report these changes to the Owner as soon as possible, and in no event later than twenty-four hours as part of their ongoing obligations with respect to the use of the Services, separate and apart from any further or other obligations which may be contained in any lease or rental agreement. Failure to comply with this obligation may lead to EQPME banning Renters from using the Services in our sole, absolute and unfettered discretion. Owners hereby acknowledge and agree that they are solely responsible for making due inquiry of Renters on a reasonable basis to confirm the status of rented equipment and for reporting any missing or stolen equipment to the authorities should they so choose. Owners and Renters acknowledge and agree that any disputes with respect to lost, missing or stolen equipment shall be between themselves alone and EQPME shall not be made a party to any such disputes for any reason whatsoever. Complaints relating to lost, missing or stolen equipment may be submitted by Owners to email@example.com. EQPME has the right, but not the obligation, to act on any such complaints received in our sole, absolute and unfettered discretion.