LENDDIT, INC. TERMS & CONDITIONS

1.General

Lenddit, Inc. (“LENDDIT”, “We”, “Us”, “Our” or the “Company”, as applicable) owns and operates this Website. This document governs Your relationship with LENDDIT as it relates to www.lenddit.com (the “Website”). Access to and use of this Website and the products and services available through this Website are subject to the following terms, policies, rules, conditions, disclaimers, and notices (the "Terms "). By using the Services, you (the “User”, “You”, “Your”, “Renter”, “Customer” or “Owner”, as applicable) are agreeing to all of the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms.

LENDDIT is a service that allows users to share tools and equipment (the “Equipment”) amongst themselves in a marketplace setting on the Website (the “Services”). Equipment is shared between users that own the Equipment listed for rent (the “Owners”) and users who desire to rent the Equipment from the Owners (the “Renters”) via an advertisement on the Website that contains the Equipment (the “Listing”).

LENDDIT is not an equipment rental company or service. LENDDIT does not provide equipment sharing or renting services. LENDDIT does not own or lease any of the equipment shown on the Website or Platform. Unless otherwise specifically stated, We do not provide any insurance products or services on the Platform. We don’t warrant or guarantee any of the equipment on the Platform, except as provide in these Terms.

2. Platform

The Services are provided on the Website in the form of a marketplace (the “Platform”). The words Website and Platform may be used interchangeably in these Terms and are intended to be interpreted within the context of the term.

3. Privacy Policy

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

4. Linking to this Website

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

5. Use of this Website and Platform

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

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

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

The Listings are merely facilitated by LENDDIT and LENDDIT is not responsible for the accuracy of any information contained within a Listing. It is the responsibility of each User to independently verify the truth or accuracy of information contained in a listing.

You must not misuse this Website or Platform. You agree that you will always use the Website, Services, and Platform in accordance with these Terms and not for any improper or illegal purpose. You agree to use the Listings and Equipment in compliance with all laws, regulations, and ordinances that may be applicable.

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

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

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

In addition to the above restrictions, it is improper for any user of the Website, Platform, or any person who uses the Equipment, to engage in any of the following conduct, on the Website, Platform, or in person while renting the Equipment listed on the Platform:

Breach or violate any federal, state, or local law, regulation, ordinance, code, court order, injunction, licensing requirements, tax regulations or requirements.
Violate or breach any liens, security interests, contractual obligations, leaseholds, or conveyance obligations, including third party rights.
Post false, inaccurate, or misleading information, or fail to disclose material information Yourself, Your equipment, and the listings.
Post any defamatory, libelous, untrue, malicious, derogatory, or reckless information about any person or entity.
Provide any false information to us including false information regarding Your name, address, age, phone number, date of birth, drivers’ license, criminal history, credit report or score, credit worthiness, credit card information, insurance or other personal information.
Make a false claim or any claim that you do not have a good faith basis to make, or make a claim with false or misleading information, or respond to a claim with false or misleading information.
Offer any piece of Equipment that you do not own or have the right to list.
List any piece of Equipment that you know is not in full working order or safe to use.
List any price that you do not intend to honor.
Identify Yourself as a part of LENDDIT, or an authorized representative, or in any way that would create confusion as to whether you are employed by or are an agent of LENDDIT. This includes in listings on the Website, on social media, in Your names or handles on social media, domain names, or any other means of identification. You may not reference LENDDIT on any images or logos or create any image or logo that creates or implies an association with LENDDIT or any special connection or authorization with LENDDIT. This section does not include any authorized seals or logos that LENDDIT may choose to distribute to selected and approved Users.
Use Your access to the Platform and Website to copy, reproduce, or reverse engineer any of LENDDIT’s copyrighted, patented, trademarked, or proprietary material or trade secrets (“Intellectual Property”) to create any competition, clone, similar site, or in any way use that information to the detriment of LENDDIT or for Your own benefit.
Harm LENDDIT or its brand in any way, including making false or derogatory statements about LENDDIT, the Platform, or its users, to any third party.
Registering and/or using LENDDIT, or any derivative terms in domain names, trade names, trademarks, or otherwise;
Using a false name to register for an account, or register for an account on behalf of someone other than Yourself.
Fail to pay fees, charges, penalties, or other amounts owed to LENDDIT or another User.
Fail to deliver the Equipment in a timely manner.
Fail to timely return a piece of Equipment.
Use the Platform to participate in gray market transactions, or off the books transactions in order to avoid fees or charges.
Transfer Your account to another person without the permission of LENDDIT.
Circumventing disqualified or banned accounts by creating additional accounts with the same or different information, if the purpose is to avoid the disqualification or other discipline.
Harm or threaten to harm any other user, employee, or agent of LENDDIT. This includes physical harm, verbal abuse, sexual assault, unwanted sexual advances, derogatory comments, hate speech, insults, nonverbal threatening conduct, stalking or harassing, any form of bullying or cyber harassment, or any other harmful behavior.
Use the Platform 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.
Discriminate against any other users, as defined in these Terms.
Use the Website for any illicit or illegal purpose, such as listing contraband, stolen items, drugs, or for human trafficking purposes.
Use of the Platform and Website to post sexually explicit or suggestive content, including pornography, solicitation, or the exploitation of any person is strictly forbidden and any observed violations of this section will immediately be reported to law enforcement authorities.
Use the Website to offer the personal services of any person, with or without that person’s permission.
Use the Website to scrape information for databases.
Use the Platform for purposes unrelated to renting equipment, including contacting an owner or a renter for any other reason, soliciting other business or offers, collecting the information of users for any purpose, including but not limited to for commercial or advertising purposes, or purposes to gather information for user databases and demographics, even if such information is available only in the aggregate, or for competing services.
Sham transactions, such as with Yourself, family members, persons you share residences, or friends.
Using the Website or user information to spam users, such as through setting up phony accounts or scraping user information.
Bait and switch transactions such as, but not limited to, listing one item with the intent to offer to substitute another for rent or for sale.

6. Digital Millennium Copyright Act

LENDDIT has registered itself as a Service Provider and identified an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. LENDDIT reserves the right to remove any Content contained in or posted to the Website that allegedly infringes another person's copyright. Notices to LENDDIT regarding any alleged copyright infringement on the Website should be directed to LENDDIT’s Counsel's Office, at The Gillespie Law Group, Ltd., 629 N. High St., Floor 4, Columbus, Ohio 43215.

7. Intellectual Property, Software and Content

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

8. Jurisdiction

Except as otherwise described, all Content on the Website is made available only to provide information about LENDDIT and its services. LENDDIT controls and operates the Website and makes no representation that the Contents on such Website are appropriate or available for use in other locations. If you use the Website from a location other than the location where the Website is controlled and operated, you are responsible for compliance with applicable local laws.

9. Making Payments

By making a payment through the Website on an account already established with LENDDIT you are subject to the following terms and conditions: When you make a payment through our Website, Your payment information will be entered into a form within our site that is controlled by a third-party payor system called Stripe, which will process Your payment. Your payment information will be stored securely on Stripe’s systems and we will have the ability to cause Your credit card to be charged programmatically. Charges to Your card will happen at the time of a rental on the card that you choose and at the completion of the rental for any additional charges related to Your rental such as extra metered hour fees, additional hours or days or rent, or for any damage incurred or deductibles for any third-party insurance. You agree that you are over 18 years of age and that you are subject to Stripe’s terms and conditions. LENDDIT retains the right to refuse any request made by you. LENDDIT is not liable for security breaches of any third-party payment processors it uses. Details of information collected and processed when making payment are included in our privacy policy at www.lenddit.com/privacy.

10. Using LENDDIT

10.1 How it Works

Owners start by creating a listing of their Equipment and setting a rental price. Renters rent the Equipment from the Owners and pay the rental price multiplied the number of days, plus taxes and fees, if applicable (“Rental Fee”). LENDDIT collects the Rental Fee and deducts a fee of the gross rental price (the “Commission”). Within thirty (30) days of collecting the Rental Fee, LENDDIT may pay the Owner (a) the Rental Fee minus the commission, taxes, and other fees on a rolling basis (b) if the rental is longer than 15 days, LENDDIT has the option to pay the Owner on a prorated amount on a rolling basis determined by LENDDIT. The Commission is calculated at a rate of 0-100% of the Rental Fee, with a minimum Commission of Five Dollars ($5). Owners pay the processing fee, if applicable (“Transaction Fee”), to process the payment from Renters. Payment to Owners will be made only by ACH through the payment account setup by Owner at the time of registering for an account or modified thereafter by Owner. LENDDIT is not responsible for any errors in the event that Owner enters the wrong bank account information. In the event any money is sent to the wrong account, it will be the Owner’s responsibility to contact the financial institution and determine where the money went and to request a refund to LENDDIT. Once LENDDIT receives any refund, LENDDIT will then, and only then, remit the payment to Owner again to the correct account.

10.2 Prohibited Equipment

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

10.3 Rental Agreement

By using this Site, Owners and Renters agree to the Rental Agreement (“Equipment Rental Agreement”) provided by LENDDIT. The Rental Agreement will contain the price, dates, delivery time and method, return time and method, and any special instructions. You agree that the Rental Agreement is a contract purely between you and the other party (Owner or Renter) and that LENDDIT is NOT a party to the Rental Agreement. The language and delivery of the Rental Agreement is provided by the Platform purely for convenience and does not create an obligation or right of LENDDIT or create any liability or participation in the transaction. By providing the rental Agreement, LENDDIT is not providing any legal advice but is merely facilitating the transaction with standardized forms.

10.4 Refunds

If a piece of Equipment is faulty, broken, in disrepair, or does not work as intended, or Equipment is not delivered in a timely manner, Please contact us at support@lenddit.com. Claims must be made within three (3) days of the occurrence of the issue for which you are requesting a refund. LENDDIT retains sole discretion in issuing refunds.

10.5 Late Returns

Equipment returned more than four (4) hours late will be assessed a late return penalty equal to one (1) additional day at the daily rate (not weekly or better rate). A late charge may be waived in the discretion of the Owner. In situations in which a return requires an Owner to travel to the Renter, no late penalty will be charged to the Renter if the Owner does not arrive in a timely manner or elects to pick up the equipment at a later date or time, so long as the Renter has the equipment at the place of pickup at the arranged time of pickup.

10.6 Damage to Equipment

Renters should visually inspect the equipment with Owners 1) upon delivery or pickup and 2) at return. Both parties should document the condition of all Equipment in writing and photographs at delivery. Any claims for damage, broken or nonworking equipment, or refunds, should be made in writing by emailing support@lenddit.com and clearly identifying the listing, rental, rate, dates, and circumstances where indicated. All claims for any reason must be brought to our attention within fourteen (14) days of the date of occurrence of the incident giving rise to a claim.

10.7 Dangers of Using Equipment

Some Equipment listed on the Platform has the potential to be dangerous. By renting, paying for, or taking delivery of Equipment, you are representing to LENDDIT and the Owner that you possess the knowledge, skill, training, or experience to operate the Equipment, or that you will gain the required knowledge, skill, training, or experience to operate the Equipment before you use it. LENDDIT is not responsible for damages, harm, or injuries that result by Your improper or unqualified use of any Equipment.

10.8 Discrimination

You agree not to discriminate who you rent to or rent from on the basis of race, ethnicity, language, religion, national origin, sex, sexual orientation, or gender identity or expression. We reserve the right to enforce our policies regarding discrimination at our discretion, up to and including being banned from the Platform.

10.9 Disqualification; Illegal Activity, Cooperation with Authorities

LENDDIT reserves the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

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

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

LENDDIT will not be responsible and disclaims any responsibility for failure to act or failure to identify improper listings or stolen equipment. If you believe a piece of equipment listed on the Platform is stolen, please contact the appropriate authorities.

11. Terms for Owners

11.1 Use

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

11.2 Updating Availability

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

11.3 Fees

Owners set the rent for their equipment. LENDDIT will not interfere with rental rates unless it appears that such fees are in violation of these Terms or are fraudulent. In the event that an Owner owes Fees or other charges to LENDDIT, LENDDIT has the right to cross-deduct that amount owed to it from additional or separate Rental Fees. Pursuant to the terms of this agreement, it is explicitly stipulated that the Renter shall solely be subject to fees originating from Lenddit, the designated party responsible for facilitating the contractual relationship. Should any party herein engaged elect to impose fees upon another party in a manner contrary to the terms set forth in this agreement, said party may be subject to termination from the platform, as prescribed by the governing provisions of the platform's operating framework.

11.4 Fuel

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

11.5 Delivery

It is the responsibility of Owners and Renters to determine the proper method of delivery of a piece of equipment. Owners may set additional rates for the delivery of a piece of equipment.

11.6 Cancellation

Owners may create their own policies for cancellations, subject to the objection of LENDDIT and in accordance with these Terms. You agree to a minimum cancellation policy of forty-eight (48) hours prior to the Rental Start time and date. Any policies created by owner regarding cancellations must be clearly stated on the Equipment’s listing page. In the event that an Owner should need to cancel a rental due to circumstances outside of the reasonable control of the Owner, Owners may do so at any time prior to delivery and refund the Rental Fee back to the Renter. In the event of a cancellation, Owners should take reasonable steps to substitute the cancelled equipment with an equal or better piece of equipment. In the event of a substitution, Renters will always have the ability to reject the substitute equipment and request a refund.

11.7 Representations and Warranties

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

11.8 Photographs

Owners are required to post pictures of the equipment being listed. By submitting photographs, you are representing and warranting that you own the photograph or otherwise have permission to use the photograph in connection with the equipment. You grant LENDDIT permission to use the photograph in the listing or elsewhere on the Website or in advertising or in other areas without any compensation. If you post a stock photograph as a part of a listing, you are representing that you have the permission and authority to use that photograph in connection with Your listing, AND that the equipment in the photograph is substantially identical to the equipment being listed. Failure to comply with either one of these rules will result in immediate delisting and removal of Your listing.

12. Terms for Renters

12.1 Use

You agree to use the Equipment you rent in a safe and responsible manner, using each piece of equipment according to the use and manual (the “care guide”, “owner’s manual”, “operator manual” or any other type of manual) that could be found on the internet or presented to you from the Owner of the Equipment. If the manual is not found on the internet and the “Owner” cannot present you with a copy of the manual, you can opt out of the rental before the rental starts with full explanation to said owner and an email to LENDDIT at support@lenddit.com. If we can find the manual on the internet, then the Renter will be charged the original rental cost plus taxes and fees. You agree to return the Equipment to the Owner in the same condition in which it was delivered to you, normal wear and tear for the circumstances excepted, as well as on time and in the manner agreed to between you and the Owner. You further agree to the “Equipment Rental Agreement” that could be found at www.lenddit.com/equipment-rental-agreement.

12.2 Fees

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

12.3 Renter's Financial Responsibility, Deposits

You acknowledge that you are fully responsible for any damage, cleaning, losses, or other liabilities relating to Your use or operation of equipment from the Platform. You agree that in the event damage is reported, LENDDIT may immediately charge you up to the amount of damages incurred. You agree that in the event Equipment is not cleaned and reported, LENDDIT may immediately charge you up to the amount of the cost incurred to clean set forth by Owner. Nothing in these Terms is intended to limit Your responsibilities or LENDDIT’s legal rights in connection with Your use of the Platform, Site, or Services. You acknowledge that LENDDIT may require and hold a deposit as part of the rental of equipment.

12.4 Fuel

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

12.5 Cleaning

Equipment should be returned to Owner “rent ready”, i.e., full of fuel and/or fluids and reasonably clean. If returned dirty, a cleaning fee will be charged to Renter. The fee will depend on the type and size of the equipment and the extent of cleaning required, ranging from $5 to $50 or more.

13. Legal Disclaimers, Rights, and Disputes

Disclaimers

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

13.1 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 LENDDIT AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “ LENDDIT PARTIES”) AND ANY LENDDIT USER (EXCEPT AS PROVIDED HEREIN) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF EQUIPMENT, ANY MALFUNCTION OF OR DEFICIENCY IN EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, AND, IN THE CASE OF THE LENDDIT PARTIES, ANY ACTIONS OR INACTION OF THE OWNER. NEITHER LENDDIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. Except for our obligations to pay fees pursuant to these Terms, in no event will LENDDIT or its subsidiaries’ or insurers’ aggregate liability arising out of or in connection with this Agreement or Your use of the Platform, exceed the greater of (i) the amounts you have paid or owe for rental reservations via the Platform as a Renter in the three month period prior to the event giving rise to the liability, or if you are an Owner, the amount earned by you in the three month period prior to the event giving rise to the liability, or (ii) the amounts you have paid or owe for rental reservations deposit via the Platform as a Renter in the three month period prior to the event giving rise to the liability, (iii) or if you are an Owner, the amounts owed to you from damaged equipment in regards to the damage protection not to exceed $1,000 USD, or (iiii)$100 USD. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LENDDIT 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.

13.2 Indemnification

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

13.3 Disputes

Customer must notify LENDDIT in writing, at support@lenddit.com, of any disputed amounts, including credit card charges, within twenty (20) days after the completion of the Rental Agreement, or Customer will be deemed to have irrevocably waived its right to dispute such amounts. Customer will also pay all direct costs of collection, including attorney fees, and interest at the highest rate permitted by law on any past-due amounts.

14. No Agency

You do not have the ability or the authority to enter into any agreement with any other party or person on behalf of LENDDIT, make commitments on behalf of LENDDIT, or make representations for or about LENDDIT, except in the limited circumstances described in these Terms or in the Agreement. LENDDIT cannot and will not act on Your behalf except in the narrow circumstances described in these Terms.

15. Miscellaneous

15.1 Updates

LENDDIT may, without notice, revise these Terms at any time by updating this posting. Your continued use of the Website, Platform, or Services now, or following the posting of any changes or modifications, will indicate acceptance by you of such changes or modifications.

15.2 Governing Law

These Terms will be governed and be interpreted pursuant to the laws of the State of Ohio and the United States of America, notwithstanding any principles of conflicts of law.

15.3 Severability

If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

15.4 Entire Agreement

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

15.5 Invalidity

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

15.6 Waiver

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