Terms of use Equippshare.com (Equippshare, Inc.)

The following terms and conditions (the “Agreement”) govern all use of the Equippshare.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Equippshare, Inc. (Equippshare). The Service is offered subject to your (the “User’s”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site Equippshare. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

Equippshare reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

User represents and warrants to Equippshare that: (i) (a) User is at least 18 years of age or older or (b) User represents an organization on whose behalf User is authorized and able to enter into a binding contract; (ii) all registration and Rental information User submits is complete, accurate and truthful; and (iii) User will maintain the completeness, accuracy and truthfulness of such information. User also certifies that User is legally permitted to use and access the Service and takes full responsibility for the selection and use of and access to the Service.

The Service is a neutral venue where renters of construction equipment (“Renters”) and owners of construction equipment (“Suppliers”) can find each other and arrange for rental(s) of Supplier’s construction equipment (“Rentals”). As a neutral web application, Equippshare cannot and does not guarantee or ensure (i) the form, fit, function or condition of any Rentals, (ii) the safety, or legal or regulatory compliance of any Rentals, or (iii) the acts or omissions of any Renters or Suppliers (such as the treatment of Rentals by Renters or the timeliness of delivery by any Suppliers). Any and all communications, or correspondence, verbal or written, or any warranties or representations, made by Renters or Suppliers are not made by (and do not legally bind) Equippshare, but rather are made specifically and solely by the applicable Renter/ Supplier. Equippshare may – but is not obligated to – pre-screen or prequalify any Renters or Suppliers (including with respect to verifying ownership of Rentals, maintenance of proper licenses, verification of insurance, etc.).

Equippshare is neither a lessor nor a lessee of any equipment. In the absence of another agreement, the rental terms provided here (see attached documents) shall govern the terms of any Rental made through the Service, and such terms, together with the Rental description on the Website and these Terms of Use shall constitute the entire agreement between such Renter and Supplier regarding the relationship between such Renter and Supplier regarding the applicable Rental. In the absence of an agreement otherwise, for bare rentals, the master equipment rental agreement shall apply, and for operated equipment, the master equipment rental agreement – operated equipment shall apply. A Renter and an Supplier may create and use their own rental terms and/or modify the rental terms provided here (see attached documents) (in either case, their “Rental Agreement”) to suit their needs and their particular situation. Equippshare is not a party to the dealing, contracting and fulfillment of any Rental between a Renter and an Supplier. All rights and obligations of a Renter or an Supplier in their Rental Agreement are solely between such Renter and Owner. Equippshare serves only as a platform for the purpose of facilitating payments between Renters and Suplier.

Any Renter shall disclose to the Supplier project specific requirements, such as the applicability of Bacon Act or prevailing wage laws, that may apply to any proposed or actual transaction involving Renter and Supplier.

User is solely responsible for User’s interaction with other Service users (e.g. payment obligations). Equippshare reserves the right, but has no obligation, to monitor disputes between User and any other Service users. Because Equippshare is not the agent of either User or any other users, Equippshare will not act as an agent to User or in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Service. If User has a dispute with one or more other users of the Service, User shall and hereby does release Equippshare (and its officers, directors, agents, subsidiaries, joint ventures, employees and investors and their related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. To the extent Equippshare assists in the resolution of any dispute between User and any other user, such assistance is only a courtesy and, therefore, User acknowledges that Equippshare shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).