RentFedexTrucks

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Privacy Policy

Rent My Truck Terms and Conditions Last Updated: December 2024 THESE TERMS AND CONDITIONS (“TERMS”) AND ALL POLICIES (INCLUDING THE PRIVACY POLICY) POSTED ON OUR WEBSITE(S) (THE “SITE”) SET FORTH THE TERMS ON WHICH RENT MY TRUCK LLC (“RENT MY TRUCK”) OFFERS YOU ACCESS TO AND USE OF OUR WEBSITE(S) AND/OR APPLICATIONS AND THE SERVICES, TOOLS AND INFORMATION AVAILABLE THERE (COLLECTIVELY, “SERVICES”). BY ACCESSING AND/OR USING THE SERVICES, YOU ARE AUTOMATICALLY CONSIDERED A RENT MY TRUCK USER (“USER”). AS A USER, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), INCLUDING ANY UPDATES AND AMENDMENTS THERETO, AND ANY ADDITIONAL POLICIES (INCLUDING THE PRIVACY POLICY) REFERENCED HEREIN OR ON THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY OF THOSE POLICIES, PLEASE DO NOT USE THE SERVICES AND IF YOU HAVE INSTALLED A RENT MY TRUCK APPLICATION ON YOUR DEVICE PLEASE UNINSTALL IT AS YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, LIMITATIONS, EXCLUSIONS AND DISPUTE RESOLUTION REQUIREMENTS. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT (I) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (II) YOU ARE AT LEAST 18 YEARS OLD AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS; (III) YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION OR CHANGE; (IV) YOU AGREE TO ABIDE BY THESE TERMS; AND (V) IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS. PLEASE REVIEW AND UNDERSTAND HOW THE LAWS WORK IN YOUR AREA PRIOR TO LISTING AN ITEM OR USING THE SERVICES, AS THERE MAY BE A LOCAL LAW OR RULE THAT RESTRICTS YOUR ABILITY TO LIST ITEMS ON THE SITE.

  1. About Rent my Truck Rent My Truck is an online platform or marketplace owned and operated by Rent My Truck LLC that allows Users to advertise, offer, and rent trucks and other vehicles in various pricing formats and locations (each, a “Rental Transaction”). Rent My Truck does not own or manage any property listed through the Services. Rent My Truck is not a party to any Rental Transaction or other agreement between Users. The actual contract is between the User who is renting the property (referred to as the “Borrower”) from another User, and the User who owns the property and has listed it for rental through the Site (referred to as the “Lender”). In all cases, Rent My Truck’s responsibilities are limited to enabling the Services so that Users can enter into Rental Transactions. While Rent My Truck may provide pricing, rental, delivery, shipping, listing, and other guidance in our Services, such guidance is solely for informational purposes only and is made without any representations or warranties. You are solely responsible for determining whether or not to follow such guidance. Also, while we may help facilitate the resolution of disputes through our Services, Rent My Truck has no control over and does not guarantee (a) the existence, quality, safety, or legality of items advertised and offered, (b) the truth or accuracy of a User’s content or listings, (c) the ability of Users to rent items, (d) the ability of Users to pay for items, (e) the ability of Users to use an item, (f) the existence of User insurance coverage for a Rental Transaction or the adequacy of such insurance, (g) that a User will actually complete a Rental Transaction or return an item, or (h) that your use of the Services or any Rental Transaction complies with applicable laws.
  2. Using Rent My Truck; License; Termination of Usage Restrictions on Usage: In connection with using or accessing the Services, you will not: • Engage in any commercial use of the Services unless expressly permitted by Rent My Truck; • Copy, post, reproduce, display, list or upload content or items in inappropriate categories or areas on the Services; • Breach or circumvent any laws, third-party rights, or our systems, policies, or determination of your account status; • Use our Services if you are not able to enter into legally binding contracts or are temporarily or indefinitely suspended from using our Services; • Fail to pay for items rented to you, unless you have a valid reason as set out in a Rent My Truck policy and permitted by Rent My Truck; • Fail to deliver or return items rented in a Rental Transaction, unless you have a valid reason as set out in a Rent My Truck policy or otherwise permitted by Rent My Truck; • Manipulate the price of any item or interfere with any other User’s listings; • Post false, inaccurate, misleading, defamatory, or libelous content; • Distribute viruses or other harmful technologies that hurt either Rent My Truck or other Users; • Use any robot, program, spider, or other automated means to access our Services for any reason; • Interfere with, circumvent, or inappropriately use our Services and the underlying infrastructure and technical systems; • Resell any of the Services; • Collect and use information about Users without their express, written consent; • Contact any User of the Services for purposes other than asking a question related to a listing or item; • Register yourself for more than one Rent My Truck account; • Register an account for someone other than yourself; • List any item that you do not yourself own or have permission to rent; • Take any action to undermine the rating system of any User, listing, or item; • Transfer your account to any third party without Rent My Truck’s consent; • Distribute unsolicited emails, texts, and communications to Users; • modify, disassemble, reverse engineer, decompile or prepare derivative works of the Services or Site or any software related thereto, or in any way use the Services or Site to assist in developing any competing product or service; or • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material. License: Users are granted a limited, revocable, non-exclusive license to access the Services and the content therein solely for the purpose of advertising a listing or item, searching for an item, renting, or researching an item through the Services. The license to use the Services only extends to the uses expressly described herein, and is subject to the restrictions on usage set forth above. The license to use the Services granted in these Terms does not include the right of collection, aggregation, copying, scraping, duplication, display, or derivative use of the Services or any content or underlying databases. Unauthorized use of the Services is prohibited. Termination of Usage: If, in our sole discretion, any User submits unsuitable material to our Services or into the Rent My Truck database, misuses the Services, our Site or any item rented, or is in breach of these Terms or any of our policies, we reserve the right to suspect or terminate a User’s account or listing immediately without any refund. In addition, if Rent My Truck becomes aware of or receives a complaint (or multiple complaints) from any User or third party regarding a User’s listing, Borrower’s action, or rental practices that, in our sole discretion, warrants the immediate removal of such User’s listing or item from the Services, then we may immediately terminate such Borrower’s listing or User’s account without notice to the User and without refund. Rent My Truck has no duty to investigate complaints and may act in its sole discretion in making determinations regarding accounts, listings, items, and the Services. No listings on the Services can be transferred to another third party or User. Text Messages: By creating a Rent My Truck account, you agree that the Service may send you information and marketing material via email, mail, voice calls, and SMS. This includes the sending of informational text (SMS) messages as part of your use of the Service. You may opt-out of receiving text (SMS) messages from Rent My Truck at any time by texting the word STOP (or taking other actions specified by us) from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may adversely impact your use of the Service. Location Information: In many instances, Rent My Truck (and individual Lenders) may use location-based services and/or global positioning services. By agreeing to use the Services, you consent to the use of location technologies and waive any claims you may have against Rent My Truck or another User related to such usage.
  3. Lenders Listings: If you have an item that you would like to rent to other Users, you may create a listing through the Service. Once a Borrower accepts your listing and confirms a rental, you have officially created a Rental Transaction through Rent My Truck. When listing an item, you agree that: • You are responsible for the accuracy and content of the listing and item offered. • Rent My Truck may take some time to make your listing available to Users (it may not be immediate). • Content that violates these Terms or any of Rent My Truck’s policies may be deleted at Rent My Truck’s sole discretion without notice. • The appearance or placement of listings in search and browse results will depend on many factors, at Rent My Truck’s sole discretion. • Some advanced listing options may be available to you. • Your listing must be truthful, not withhold material information, and represent the item in an accurate manner in which a Borrower can rely upon. Rent My Truck will, if it becomes aware of the same, remove inaccurate or misleading listings. Items: You may list any item other than a truck, other vehicle or accessories related thereto that have been approved by Rent My Truck. Rent My Truck may remove items or listings at any time for any reason, even if trucks or other vehicles are the items listed.
    Damage to Items: Lenders may file a claim with Rent My Truck for any damage incurred during a Rental Transaction, in which case Rent My Truck will forward the claim to the Borrower. Please contact Rent My Truck Customer Care at [email protected] for additional information.
  4. Borrowers Rental Agreement: We ask that you return an item in the same or better condition than you received it, clean and free of your possessions or garbage. Rent My Truck is a community and we hope that you will engage in a Rental Transaction in a manner that respects your fellow Users. If you confirm a Rental Transaction, you are responsible for completing all of the requirements necessary for the transaction, including payment. By confirming a Rental Transaction, you agree that: • You have read the full item listing before confirming a Rental Transaction; • You understand you are entering into a legally binding contract to rent an item when you confirm a Rental Transaction. • Rent My Truck is not a part of the rental between the Lender and the Borrower, and has no obligation to perform any obligations under a Rental Transaction. Rent My Truck is a marketplace, online intermediary, and sharing platform only. • You authorize Rent My Truck to charge your Card, as defined below, for any Rental Transaction fees and the Rent My Truck Fee. Returning an Item: There is a thirty (30) minute grace period associated with all Rental Transactions. If you as a Borrower keep an item past the agreed-upon return time without the Lender’s consent and you have exceeded the thirty (30) minute grace period (the grace period is timed by and controlled at the discretion of the Lender), you agree that Rent My Truck, in its sole role as limited collection agent for the Lender, may charge your Card to collect an extra day at the daily rate applicable to the Rental Transaction.
  5. Security Deposit Lenders may choose to include security deposits in their listing (“Security Deposit”). Each listing will specify if a Security Deposit is required. Any disputes must be handled directly between the Borrower and the Lender. Lenders can use the Security Deposit to pay any amounts owed for a reservation under these Terms as well as for damage to their property while rented to a Borrower. Rent My Truck will use reasonable efforts to assist in a dispute between a Lender and Borrower related to a Security Deposit, but Rent My Truck is not responsible for administering or accepting any claims by Users related to Security Deposits and disclaims any and all liability in this regard. In some instances, a Security Deposit may be a pre-authorization for a specified amount on your Card.
  6. User Content; Limitations Users may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), in violation of these Terms, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to your identity or the origin of any content. Rent My Truck reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
  7. Insurance Unless otherwise expressly provided in these Terms, Rent My Truck does not provide liability insurance protection for Users. In the event that Rent My Truck elects in its sole discretion to provide insurance coverage for an item, both Borrower and Lender must participate in and complete the Rent My Truck claims process. Rent My Truck must be notified of all claims within 72 hours of occurrence. Rent My Truck reserves the right to deny any claims that are not timed within the 72-hour claim period. In addition, Rent My Truck reserves the right to disallow coverage for any claims filed if the Users fail to provide Rent My Truck with any information necessary or required to process any claim. In the event that Rent My Truck does not affirmatively state in writing that it is providing coverage for a reservation, Users are solely responsible for obtaining insurance coverage sufficient to protect their items. In some instances, Users have the right to deny Rent My Truck insurance coverage. In the event that Rent My Truck denies coverage, does not provide coverage, or User declines coverage, Users agree that they have or will obtain the appropriate insurance coverage sufficient to cover the items they list or borrow through the Services and will maintain adequate insurance coverage through the return of the item to the owner. Further, Users agree to provide us with copies of relevant proof of insurance upon request. Rent My Truck does not provide insurance coverage for mechanical damage to items.
  8. Vehicles All Users must be 21 years of age and satisfy Rent My Truck’s safe driver guidelines to rent a vehicle on Rent My Truck. Vehicles rented on Rent My Truck shall not be used for any of the following prohibited uses: • By anyone who is not the User conducting the reservation or approved by Rent My Truck, in writing, as an authorized user. • By anyone whose driving license is suspended in any jurisdiction. • By anyone under the influence of any drug or alcohol. • By anyone who obtained the vehicle or extended the reservation period by giving Rent My Truck false, fraudulent, incomplete, or misleading information. • In furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation. • To carry persons or property for hire. • To push or tow anything or to teach anyone to drive. • In any race, speed test, or contest. • To carry dangerous or hazardous items or illegal material. • Outside of the United States or outside the geographic area specified in the terms of the Rental Transaction. • When loaded beyond capacity as determined by the manufacturer of the vehicle. • On unpaved surfaces. • To transport more persons than the vehicle has seat belts, or to carry persons outside the passenger compartment. • To transport children without approved child safety seats as required by law. • When the odometer has been tampered with or disconnected. • When the vehicle’s fluid levels are low, or when it would otherwise reasonably be expected that further operation would damage the vehicle. • In a manner that causes damage to the vehicle due to inadequately secured cargo. • After an accident with the vehicle unless and until you summon the police to the accident scene. If a User violates these Terms, such User shall be responsible for all damage and claims that result from the prohibited conduct. Any liability insurance coverage Rent My Truck may provide for your benefit is void and will not cover any damage or claims resulting from your prohibited conduct. Lenders must ensure (and represent and warrant to Rent My Truck and the Borrower) that all vehicles listed through the Services are safe and mechanically sound. Additionally, Lenders must ensure that any vehicles they list are properly registered, insured (including coverage while rented to the Borrower), and maintained in accordance with all applicable state laws and requirements, and must maintain at least the state-required minimum insurance coverage on any motorized vehicle that is listed and rented on Rent My Truck which insurance will cover the User’s use and rental of the motorized vehicle. Lenders (and Rent My Truck) may assess additional fees to Users to cover additional fees associated with the vehicle or reservation. These fees include: fuel and refueling charges, applicable sales, use, and other taxes, all traffic, parking, tolls, cleaning fees, penalties, impound fees, forfeitures, penalties, court costs, towing, impoundment, smoking remediation fees, storage charges, and other expenses involving the vehicle incurred by Rent My Truck or the Lender. Both the Lender and Rent My Truck reserve the right to repossess the vehicle at any time. Borrower agree to reimburse the Lender for any expenses incurred in locating and recovering the vehicle if Borrower fails to return it or if Lender elects to repossess the vehicle under these Terms. If a vehicle is repossessed, Rent My Truck and/or the Lender have the right to destroy, discard, or dispose of any property left in the vehicle and the Borrower waives any right or claims it may have with respect to such property. Borrowers understand and agree that Lenders may install a GPS tracking device on rented vehicles, and waive any claims they may have against Rent My Truck or any Lender as a result of the usage of such a device. Borrowers further agree not to tamper with, remove, damage or destroy any such tracking device.
  9. Fees and Payments Rent My Truck’s Fees: Rent My Truck will charge a sharing fee (“Rent My Truck Fee”) payable by Borrowers who book an item through the Services. The Rent My Truck Fee is deducted from the Rental Transaction fees from the item before remitting the balance to the Lender. The Rent My Truck Fee is calculated as a percentage of the total amount of the Rental Transaction, and is currently 20% but subject to change by Rent My Truck from time to time. Sales or other tax, if applicable, will be added to the Rent My Truck fee and be payable by Borrower. The Rent My Truck Fee is charged when you confirm your Transaction and is non-refundable (except as provided below), even if you cancel your Rental Transaction. Payments: Lender hereby appoints Rent My Truck as its limited payment collection agency solely for the purpose of accepting payment for the Rental Transaction. Rent My Truck is not a party to the agreement between any Users. At the time a User books an item, the Users agrees that Rent My Truck may pre-authorize your credit card(s) (“Card”) on file for any booking requested. When you return your item to the Lender, Rent My Truck will charge you for the Rental Transaction. Users authorize Rent My Truck to store your preferred Card number and relevant information and charge your Card for your Transactions. If your Card expires or the account number is changed, please update your account immediately. The Lender is solely responsible for any taxes (other than sales taxes payable by the Borrower) that may be due as a result of such payment or Transaction. All Transactions that are processed Monday-Sunday of each week are sent to Users the following Tuesday via bank transfer. Facilitation of Payments: All payments are facilitated through a third-party payment processing service (e.g., Stripe, Inc. “Stripe”) and additional terms may apply. Rent My Truck may replace its third-party payment processing services without notice to Users. All fees payable for the Services shall be paid through the services; cash payments are strictly prohibited. By agreeing to Rent My Truck’s Terms, you also agree to be bound by Stripe’s Terms of Service and Privacy Policy, which can be found at: www.stripe.com/us/terms and www.stripe.com/us/privacy. Any breach of Stripe’s Terms of Service will be treated as a breach of these Terms. You expressly understand that Rent My Truck shall not be liable for any payments and monetary transactions that occur through your use of the Service and that all monetary transactions are handled by Stripe. Rent My Truck Fees and Charges: If a Borrower damages a vehicle, fails to comply with the terms of the rental, breaches these Terms, or is assessed fees by a Lender, the Borrower agrees to pay Rent My Truck immediately for any such losses. If the Borrower has a credit card on file, the Borrower authorizes Rent My Truck to charge the card on file for any such charges related to these Terms. This includes, but is not limited to, deductibles for insurance, damage fees, lender-imposed fees, extensions, etc. The Borrower agrees that it shall not dispute any such charges. If a Borrower fails to remit payment or provides a card that is declined such that Rent My Truck cannot collect any fees or charges that are due, Rent My Truck may impose a collections fee, which may include recovery of all collection and attorneys’ fees related to such efforts. Risk Authorizations: To protect Users and Rent My Truck from risk, Rent My Truck may require that some Borrowers allow an additional hold or pre-authorization on their Card. Rent My Truck will notify the Borrower if an additional hold is required as part of a Rental Transaction.
  10. Refunds; Cancellations Refund: If you are a Borrower and encounter a Material Issue (as defined below) with an item, Rent My Truck may take the following actions, as determined by Rent My Truck in its sole discretion. All determinations with respect to refunds shall be final and binding on the applicable Lender and Borrower. • Reimburse you up to the amount paid by you through the Services; • Find and book you an alternative item for the remaining duration of your Rental Transaction; or • Provide another remedy at the reasonable discretion of Rent My Truck. Material Issue: “Material Issue” means, without limitation, the Lender: • Cancels a Rental Transaction after the cancellation deadline for Lenders as set forth below; • Fails to provide the Borrower with the reasonable ability to use the item; or • Fails to describe the item accurately or misrepresents material facts about the item. Cancellations: • Borrower: Borrowers have the right to cancel a Rental Transaction within twenty-four (24) hours after confirming a Rental Transaction. In this instance, the Borrower will not be charged for the Rental Transaction. If, however, the Borrower cancels the Rental Transaction after such twenty-four (24) hour window, no fees will be refundable unless otherwise provided in the vehicle listing and the Borrower will be charged the full amount of the Rent My Truck Fee and the Rental Transaction fee for the confirmed transaction. • Lender: If a Lender desires to cancel a confirmed Rental Transactions made through the Services, it must do so at least seventy-two (72) hours prior to the start of the Rental Transaction. In such instances, Rent My Truck will charge the Lender a cancellation fee equal to fifteen percent (15%) of the full Rental Transaction fee. If the Lender cancellation is not done at least seventy-two (72) hours prior to the start of the Rental Transaction, at Rent My Truck’s discretion, the Rent My Truck Fee and the Rental transaction fee may be charged to the Lender as part of this cancellation. In the event that a Lender needs to cancel a Rental Transaction after a Rental Transaction has started, Rent My Truck will work to facilitate the cancellation and may assess fees or issue refunds at its sole discretion.
  11. General Terms Dispute Resolution: Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Rent My Truck have against each other are resolved. You and Rent My Truck agree that any claim or dispute at law or at equity that has arisen or may arise between us relating in any way to or arising out of these Terms, your use of or access to the Service, or any products or services sold, purchased, or rented through the Services, will be resolved in accordance with the provisions set forth in the Arbitration section below. Arbitration: You and Rent My Truck each agree that any and all disputes or claims that have arisen or may arise between you and Rent My Truck relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services, or any products or services offered, listed, rented, or advertised through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. The arbitration shall be conducted in Maricopa County, Arizona by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA’s rules are available at www.adr.org. YOU AND RENT MY TRUCK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND RENT MY TRUCK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, SUBJECT TO YOUR AND RENT MY TRUCK’S RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Rent My Truck for all fees associated with the arbitration. The arbitrator will render an award within the timeframe specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section below as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Choice of Law: You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona without regard to principles of conflict of laws, will govern these Terms and the Service, including any claim or dispute that has arisen between you and Rent My Truck, except as otherwise stated in these Terms. In the event that the arbitration provision above is found not to apply to your particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Rent My Truck must be resolved exclusively by a state or federal court located in the State of Arizona. Content and Copyright: • Rent My Truck respects copyright law and expects its Users to do the same. If we suspect or believe that a User is infringing the copyright or other intellectual property rights of any other person or company, Rent My Truck may terminate your account. • Rent My Truck reserves the right to refuse to post any content, including hyperlinks. • Rent My Truck cannot guarantee that listings and items will appear in any specific order on the Service. • Rent My Truck does not claim any ownership rights in any User’s content. Rent My Truck may, in its sole discretion, permit Users to post, upload, publish, submit, or transmit content. By making available any content on or through the Services, Users hereby grant to Rent My Truck a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit a User’s content. You acknowledge and agree that you are solely responsible for all content you post to the Services. Accordingly, you represent and warrant that you have all the necessary rights to use the content you post to the Services and that none of the content that you use will violate any laws or rights of third parties. Intellectual Property: All trademarks, service marks, logos, trade names, and any other proprietary designations of Rent My Truck used herein are trademarks or registered trademarks of Rent My Truck. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Policy Enforcement: When an issue between a Borrower and Lender arises, we may in our discretion consider each User’s performance history and the specific circumstances in applying Rent My Truck’s policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for all parties. Verification and Account Security: • Identity: Rent My Truck cannot, and does not, assume any responsibility for the confirmation of each User’s reported identity. We encourage you to communicate directly with the Borrower or Lender through the Service, although even this may not help to verify the identity of a User. Rent My Truck encourages you to investigate and perform due diligence in investigating Users and to take other measures to help you verify a Borrower or Lender’s identity, including the items and the relevant details of your listing. • Account Security: You agree to keep your password and Rent My Truck ID secure and confidential. Please notify us immediately if you believe that your account has been compromised. We discourage you from providing access to your password and Rent My Truck ID to any third parties. However, if you do elect to share your password and Rent My Truck ID with someone other than yourself, you are responsible for any and all activity and Transactions that the person performs while using your Rent My Truck account. • Rent My Truck will not have any liability to any User for any unauthorized Transactions made using any password or Rent My Truck ID. You may incur liability to other Users and Rent My Truck if your password and Rent My Truck ID are used by an unauthorized User. Modifications: Rent My Truck reserves the right, at its sole discretion, to modify the Site, the Services and/or these Terms, including without limitation fees payable for use of the Services, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the date on the top of the Terms. By continuing to use or access the Services after we have posted or otherwise 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 only recourse is to stop using the Services. Release: If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from all claims, demands, suits, costs, expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreement to this release. Limitations on Liability: IN NO EVENT SHALL RENT MY TRUCK, ITS MEMBERS, MANAGERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE TO ANY USER UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR PRODUCT LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN ANY INFORMATION ACCESSED THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATIONS, THE AGGREGATE LIABILITY OF RENT MY TRUCK, ITS MEMBERS, MANAGERS, EMPLOYEES AND REPRESENTATIVES TO ANY USER ARISING OUT OF OR IN CONNECTION WITH THE SERVICES UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU ACTUALL PAID TO RENT MY TRUCK IN THE IMMEDIATELY PRECEDING SIX (6) MONTH PERIOD; OR (B) $100.00. Disclaimer: The Services are intended to be used to facilitate Lenders and Borrowers connecting and sharing items directly with each other. Rent My Truck cannot and does not control the content contained in any listing OR the condition, legality, or suitability of any item. Rent My Truck is not responsible and expressly disclaims any and all liability related to any and all listings and items. Accordingly, any items that are rented using the Services are rented at the User’s own risk and Rent My Truck shall not be responsible for loss or damage to property belonging to Users at any point. THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RENT MY TRUCK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE AVAILABLE OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE OR SERVICES, EVEN IF RENT MY TRUCK BECOMES AWARE OF ANY SUCH BREACHES. FURTHER, RENT MY TRUCK EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. RENT MY TRUCK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO RENT MY TRUCK AND BY POSTING INFORMATION ON THE SERVICES, INCLUDING LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND RENT MY TRUCK OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD RENT MY TRUCK OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT RENT MY TRUCK IS NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SERVICES. RENT MY TRUCK HAS NO CONTROL OVER AND DOES NOT GUARANTEE (OTHER THAN PURSUANT TO ANY EXPRESS GUARANTEE THAT MAY BE OFFERED THROUGH THE SERVICES) THE SAFETY OF ANY TRANSACTION, ITEM, RENTAL PROPERTY, OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION, ITEMS, PROPERTY, OR LISTINGS IN PARTICULAR LOCATIONS, WE DO NOT REPRESENT OR WARRANT THAT RENTING, SHARING, OR USING SUCH ITEMS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO THE USE, OPERATION, OR RENTAL OF ANY SUCH ITEMS. Warranties: We try to keep the Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Transaction update and other notification functionality in Rent My Truck’s Services may not occur in real-time. Such functionality is subject to delays beyond Rent My Truck’s control. You agree that you are making use of our Services and items at your own risk and that they are being provided to you on an “AS IS” basis. Accordingly, to the extent permitted by law, Rent My Truck excludes all express or implied warranties, terms, and conditions, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Indemnification: You agree to defend, indemnify, and hold Rent My Truck (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from and against all liabilities, claims, demands, costs, and expenses (including attorneys’ fees) arising out of (i) your breach of these Terms; (ii) your use, listing, sharing, or operation of any item through the Services; (iii) your improper use of the Services; and (iv) your breach of any law or the rights of a third party. Privacy: Please review our privacy policy at [Insert Privacy Policy URL] for more information regarding our email and data collection practices and safeguards. Your use of the Services signifies your acknowledgment of, and agreement with, our privacy policy. Minors: The Services are intended solely for persons who are 21 years or older. Any access to or use of the Services by anyone under 21 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 21 years or older. International Use: At this time, the Services are only available to U.S. residents. Please do not use the Services if you are not located within the U.S. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by via U.S. mail to: Rent My Truck, 316 California Ave #952, Reno NV, 89503, Attn: Legal Department. Rent My Truck may also give you notice by e-mail at the address you provided to Rent My Truck. Third Party Links and Websites: • Rent My Truck may provide your information, or otherwise enable distribution of your listing, to a third-party website. Additional terms and conditions may apply to such distributions, of which you will be notified through your email or account. • The Services may contain links and pointers to other third-party websites and resources. Links to and from the Services to other third-party websites do not constitute endorsements by Rent My Truck. Rent My Truck is not responsible for any such third-party websites or content, and your use of any such websites will not be governed by these Terms. Miscellaneous: • These Terms constitute the entire understanding of the agreement between you and Rent My Truck regarding the Rental Transactions and any other rentals made via or other use of the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Rent My Truck. • These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto. Notwithstanding the foregoing, the parties agree that any merchant card servicer or network shall be a third-party beneficiary of the Terms for purposes of enforcing provisions related to payments. • Except as otherwise provided in these terms, if any provision of these Terms is invalid, void, or unenforceable, such provision shall be struck out and shall not affect the validity and enforcement of the remaining provisions. In our sole discretion, Rent My Truck may assign these Terms (the agreement between you and Rent My Truck), by providing notice of such assignment in accordance with these Terms. • Headings are for reference purposes only and do not limit the scope or extent of such a Section. Rent My Truck’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Rent My Truck does not guarantee it will take action against all breaches of these Terms. • Policies posted on the Rent My Truck Services may change from time to time. Changes take effect when Rent My Truck posts them to the Site or otherwise notifies you of the changes. • If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. Such an account is owned and controlled by the business entity. • No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
  12. Contact Rent My Truck If you have any feedback or questions for us, please contact Rent My Truck at [email protected]