Terms and Conditions

Last updated April 1, 2024

1. INTRODUCTION

These Terms and Conditions ("Terms") are designed to govern your relationship with PV Rental, LLC (referred to as "Company," "we," "us," or "our"), in your use of and access to our personalized services. This includes the mobile application known as PVR (the "App"), along with any related products, services, content, features, or materials (collectively referred to as the "Services"). We urge you to read these Terms carefully as they outline the legal responsibilities and obligations associated with your use of the Services.

Adherence to Additional Policies: Your use of the Services also requires compliance with our Privacy Policy and any other supplementary terms and conditions provided by PV Rental, LLC, which are incorporated into these Terms by reference.

Acceptance of Terms: By registering for, accessing, or using the PVR Services, you are confirming your acceptance of these Terms. If you do not agree with any part of these Terms, you must not use the PVR Services or access any related Content.

Binding Arbitration Agreement: It's important to note that these Terms include a binding arbitration provision (detailed further in Section 6). This provision requires that disputes be resolved through arbitration on an individual basis, rather than jury trials, court proceedings, or class actions. Be aware that arbitration generally involves limited discovery and appellate review compared to court proceedings.

Service Provider: The contractual agreement established by these Terms is between you and PV Rental, LLC, headquartered at 7345 164th Ave NE STE i145 - 1608 Redmond, WA 98052.

Age and Eligibility Requirements: By using the PVR Services, you represent and warrant that you are either 18 years of age or older, fully able and competent to enter into these Terms, or if you are under 18 years of age, that you are at least 13 years old and have obtained the necessary consent from your parent or legal guardian to agree to these Terms. You also affirm that you are a resident of the United States and that you will provide accurate, truthful, and complete information during registration and account creation, and will keep this information up-to-date at all times.

2. LICENSE GRANT

Grant of License: Subject to your adherence to these Legal Terms, specifically the "PROHIBITED ACTIVITIES" section delineated herein, we confer upon you a non-exclusive, non-transferable, revocable license to access and use the Services, including any software and mobile application provided by us (referred to as "the App" when accessed via a mobile application), for renting equipment used in their line of business, strictly in accordance with these terms. This license is personal to you, allowing you to use the software and the App solely in relation to our services and in compliance with these Legal Terms.

Restrictions on Use: You are prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or exploiting any portion of the Services, or any Content or Marks for any commercial purposes without obtaining our express prior written consent. This includes, but is not limited to, decompiling, reverse engineering, disassembling, attempting to derive the source code of, or decrypting the App, except as permitted by applicable law, and making modifications, adaptations, improvements, enhancements, translations, or derivative works from the App. Additionally, the use of the Services, Software, or App for developing, providing, or participating in any service that competes with "the App", or for any other purpose to our detriment or commercial disadvantage, is expressly forbidden without our prior written consent.

App Distributor Terms and Third-Party Beneficiaries: When you use an App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services, you agree to comply with the usage rules set forth in the App Distributor’s terms of service. The App Distributors are third-party beneficiaries of the mobile application license contained within these Legal Terms, with the right to enforce these terms against you.

Requests for Additional Uses: Should you wish to utilize the Services, Software, Content, or Marks in ways not specified in this section or elsewhere within our Legal Terms, please forward your inquiries to hunter.karas@pv-rental.com.

Reservation of Rights and Breach: All rights not explicitly granted to you regarding the Services, Software, Content, and Marks are reserved by us. Violation of these Intellectual Property Rights constitutes a significant breach of our Legal Terms, resulting in the immediate termination of your right to use our Services, Software, and Mobile Application.

Software and App Provided "AS IS": All software and the App, along with any accompanying documentation, are provided "AS IS", without warranty of any kind. You assume all risks associated with their use, in accordance with the Activity Participation Disclaimer and Release of Liability section outlined below.

3. Activity Participation Disclaimer and Release of Liability for Platform Users

Definitions

For the purposes of this Agreement:

• “Participant” refers to any individual or entity that uses the PV Rental, LLC platform to engage in equipment rental activities. This encompasses both those who offer equipment for rent ("Equipment Providers") and those who rent equipment for their use ("Renters").

1. Acknowledgment of Inherent Risks: The Participant acknowledges and understands that engaging in equipment rental activities ("Activity") facilitated by PV Rental, LLC's platform involves inherent risks and dangers that may lead to serious personal injury, death, and property damage. The risks include, but are not limited to, equipment malfunction, adverse weather conditions, incorrect equipment usage, and potential for physical injury or harm, among other risks that may not be foreseeable. The Participant voluntarily assumes all risks associated with participation in the Activity, whether as an equipment provider or renter, known or unknown.

2. Health and Safety Compliance: The Participant affirms that they are in good health and suffer from no minor or serious physical or mental injury, illness, or disability that would make them especially susceptible to injury or disability while participating in the Activity. The Participant agrees to comply with all safety instructions and guidelines provided by the equipment providers and PV Rental, LLC, and its representatives. The Participant acknowledges that failure to comply with these instructions may increase the risk of injury or harm.

3. Release and Waiver of Claims: To the fullest extent permitted by law, the Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby releases, waives, discharges, and covenants not to sue PV Rental, LLC, its officers, agents, servants, employees, volunteers, and directors (collectively, "Releasees") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant or to any property belonging to the Participant while participating in the Activity facilitated by the platform or while on premises where the Activity is conducted, regardless of whether the equipment is provided by a business using PV Rental, LLC's platform.

4. Indemnification: The Participant agrees to indemnify, defend, and hold harmless the Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages, and

liabilities, including attorney’s fees, brought as a result of the Participant’s involvement in the Activity and to reimburse them for any such expenses incurred.

5. Acknowledgment of Voluntary Participation: The Participant expressly agrees and promises to accept and assume all responsibilities, and risks for injury, death, illness, or disease, or damage to their property arising from their participation in the Activity. The Participant's participation in the Activity facilitated by PV Rental, LLC's platform is purely voluntary, and they elect to participate in spite of the risks.

4. OUR SERVICES

The Services provided herein are designed exclusively for distribution to, and use by, individuals or entities within the United States. This restriction is in place to ensure compliance with U.S. laws and regulations and to avoid obligations under foreign jurisdictions. Users from outside the United States are not authorized to access or use the Services. Those within the U.S. who choose to use the Services are responsible for compliance with applicable local laws, insofar as these laws are applicable within the United States.

Furthermore, the Services are not configured to conform with specific industry regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), and others. Therefore, if your use of the Services falls under the purview of such industry-specific legislation, you are advised not to utilize the Services. Additionally, the use of the Services in a manner that contravenes the Gramm-Leach-Bliley Act (GLBA) is expressly prohibited.

5. INTELLECTUAL PROPERTY RIGHTS

OUR INTELLECTUAL PROPERTY RIGHTS

Ownership and Proprietary Rights: The ownership or licensure of all intellectual property rights pertaining to our Services, inclusive of but not limited to functionality, software, designs of websites, audio, video, text, photographs, and graphics integrated within the Services (collectively referred to as the "Content"), along with the trademarks, service marks, and logos embedded therein (collectively referred to as the "Marks"), are retained by us.

Protection of Intellectual Property: The aforementioned Content and Marks are safeguarded under the laws governing copyright, trademark, and various other domains of intellectual property, as well as under statutes pertaining to the prevention of unfair competition, both within the United States and internationally.

Usage of Content and Marks: The Content and Marks are made available through the Services on an "AS IS" basis, strictly for the purpose of your internal business operations. Any use beyond this scope is not permitted under this agreement.

SUBMISSIONS AND CONTRIBUTIONS

Review and Compliance: Prior to utilizing our Services, thoroughly review this section and the "PROHIBITED ACTIVITIES" section to understand the rights you confer upon us and your responsibilities when posting or uploading content through the Services.

Assignation of Submissions: By submitting to us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions"), you agree to transfer all intellectual property rights in such Submissions to us. You acknowledge that we shall possess exclusive ownership of these Submissions and have the unrestricted right to their utilization and dissemination for any lawful, commercial, or other purposes without any recognition or compensation to you.

Nature and Licensing of Contributions: The Services may invite you to engage in blogs, message boards, online forums, and other functionalities, allowing you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, or other materials ("Contributions"). Publicly posted Submissions will be considered Contributions.

Visibility of Contributions: Understand that Contributions may be accessible by other users of the Services and potentially through third-party websites.

Grant of License through Contributions: When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. This includes the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.

Responsibilities and Assurances: By making Submissions or posting Contributions through any part of the Services or by making Contributions accessible through the Services by linking your account to any of your social networking accounts, you:

1. Acknowledge your understanding and agreement with our "PROHIBITED ACTIVITIES" and commit not to post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.

2. Waive any and all moral rights to such Submission and/or Contribution, to the extent permissible by applicable law.

3. Warrant that your Submissions and/or Contributions are original to you or that you possess the necessary rights and licenses to submit such Submissions and/or Contributions, and that you have full authority to grant us the aforementioned rights concerning your Submissions and/or Contributions.

4. Represent that your Submissions and/or Contributions do not contain confidential information.

Liability and Indemnification: You bear full responsibility for your Submissions and/or Contributions and agree to indemnify us for any losses incurred due to your violation of this section, any third party’s intellectual property rights, or applicable laws.

Content Moderation: While we are not obligated to monitor Contributions, we reserve the right, at our discretion, to remove or edit any Contributions that we deem harmful or in violation of these Legal Terms, without notice. Such actions may also lead to the suspension or deactivation of your account and reporting to legal authorities.

COPYRIGHT INFRINGEMENT

Respect for Intellectual Property: We respect the intellectual property rights of others and expect the same from our users. If you believe that any material available on or through the Services infringes upon any copyright you hold or control, kindly refer immediately to the "COPYRIGHT INFRINGEMENT NOTIFICATIONS" section detailed below.

6. USER REPRESENTATIONS

Representations and Warranties: By engaging with the Services, you hereby affirm and warrant that: (1) all information you provide during registration is, to the best of your knowledge,

complete, truthful, current, and accurate; (2) you will ensure the continued accuracy of such information and promptly update any registration details as required; (3) you possess the legal capacity and are committed to adhering to these Legal Terms; (4) you are not considered a minor in your place of residence, or if you are, you have obtained parental consent to use the Services; (5) your interaction with the Services will not be through automated or non-human mechanisms, such as bots, scripts, or similar means; (6) your use of the Services is for lawful purposes only and does not infringe upon any legal or regulatory provisions; (7) your engagement with the Services will not contravene any applicable laws or regulations.

Right to Suspend or Terminate: Should you furnish any information that is found to be incorrect, outdated, incomplete, or misleading, we reserve the right to either suspend or terminate your account and deny your current and future use of the Services, in part or in entirety.

7. USER REGISTRATION

Mandatory Registration: Utilization of certain facets of the Services may necessitate registration. You are obligated to safeguard the confidentiality of your password and assume responsibility for all activities that occur under your account and password. We reserve the exclusive right to alter, reclaim, or delete any username you select, should we, at our sole discretion, deem the username inappropriate, offensive, or otherwise objectionable.

8. PURCHASES AND PAYMENT

Accepted Payment Methods: We accept payment through the following:

• Visa
• Mastercard
• American Express
• Discover

Purchase and Account Integrity: You agree to provide and maintain accurate, complete, and up-to-date information regarding your purchases and account. This includes promptly updating your email address, payment method, and payment card expiration date to facilitate transaction completion and enable necessary communications. Applicable sales tax will be applied to your purchases as deemed necessary by us. We reserve the right to modify pricing at any time. All transactions will be conducted in US dollars.

Payment Obligation and Authorization: You agree to remit payment for all your purchases at the current prices, including any pertinent shipping charges. You authorize us to charge the payment method you have chosen for such amounts at the time of order placement. In instances involving

recurring charges, you consent to our charging your payment method on an ongoing basis without requiring your prior consent for each recurring charge, until you terminate the pertinent order. We reserve the right to rectify any pricing errors, even if payment has already been requested or received.

Order Management and Refusal: We reserve the right to refuse any order made through the Services. We may, at our sole discretion, limit or cancel quantities purchased per individual, per household, or per order. These restrictions may encompass orders made by or under the same customer account, the same payment method, and/or orders that use identical billing or shipping addresses. We reserve the right to limit or prohibit orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.

9. FREE TRIAL

Eligibility for Free Trial: “PVR Owners,” who establish and register an account with the intent to rent their items, are entitled to a 30-day free trial, commencing upon the inventory of the first item. Should an item not be inventoried within 30 days, the trial period will lapse. Subsequent to the free trial, the account will incur charges as per the subscription plan selected by the user.

Exclusion from Free Trial: “PVR Renters,” who engage in renting items via the Services, are not eligible for a free trial.

10. CANCELLATION POLICY

Non-Refundable Fees: Please note that all fees and purchases made by “PVR Owners” are non-refundable. Subscription Cancellation: You have the option to cancel your subscription at any time. To do so, please contact us using the contact information provided herein. Be aware that your cancellation will become effective at the conclusion of the current paid term.

Refund Policy for “PVR Renters”: All transactions made by “PVR Renters” are subject to the specific refund policy of the respective “PVR Owner” from whom the items were rented. In cases where a refund is issued to a PVR Renter, the fee collected, by PVR, from this transaction will be refunded proportionally, corresponding to the refund and transaction amount. Fees collected by Stripe will be refunded in accordance with Stripe's refund policy.

Service Concerns: If you are dissatisfied with our Services, please do not hesitate to reach out to us at hunter.karas@pv-rental.com or contact us at 808-271-1868.

11. PROHIBITED ACTIVITIES

Usage Restrictions: You are prohibited from using the Services for any purposes other than those for which the Services are intended and made available. Commercial use of the Services is only permitted when explicitly endorsed or authorized by us.

As a user, you are prohibited from:

• Extracting data or content systematically from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our express written permission.
• Deceiving, defrauding, or misleading us and other users, particularly in attempts to learn sensitive information such as user passwords.
• Circumventing, disabling, or otherwise interfering with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services and/or the Content.
• Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Services.
• Using information obtained from the Services to harass, abuse, or harm another person.
• Misusing our support services or submitting false reports of abuse or misconduct.
• Engaging in unauthorized framing of or linking to the Services.
• Uploading or transmitting (or attempting to upload or transmit) any material that acts as an information collection or transmission mechanism.
• Interfering with, disrupting, or creating an undue burden on the Services or networks or services connected to the Services.
• Attempting to bypass measures designed to prevent or restrict access to the Services.
• Copying or adapting the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Using any automated system, including spiders, robots, cheats, or offline readers, that accesses the Services in a manner that sends more request messages to our servers in a given period than a human can reasonably produce using a conventional online web browser.
• Using the Services to buy or sell goods or services, or to increase traffic to your business for commercial reasons, such as advertising sales.
• Selling or otherwise transferring your profile or account.

12. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in a non-confidential and non-proprietary manner. By engaging with the Services to post or upload Contributions, you agree to transfer all intellectual property rights in such Contributions to us, acknowledging our exclusive ownership and the unrestricted right to their utilization and dissemination for any lawful purpose without recognition or compensation to you. When you create or make available Contributions, you represent and warrant that:

• You own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions as specified in the Services and these Legal Terms, including the transfer of intellectual property rights when submitting any form of content.
• You have the full authority to grant us the rights specified herein concerning your Contributions and have obtained all necessary consents and permissions for the use of identifiable individual persons in your Contributions.
• Your Contributions are truthful, not misleading, do not involve unauthorized advertising, and do not violate any laws or rights of any third party, including intellectual property and privacy rights.
• You agree to indemnify us for any losses incurred due to violations of these terms, any third party's intellectual property rights, or applicable laws.

You understand that your Contributions may be accessible by other users and through third-party websites, and you commit not to post any content that violates our "PROHIBITED ACTIVITIES" or is otherwise harmful. While we are not obligated to monitor Contributions, we reserve the right to remove or edit any content that violates these terms, which may lead to account suspension or legal actions.

13. LICENSE FOR CONTRIBUTIONS

Upon submitting your Contributions to any segment of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, sell, publish, broadcast, store, publicly perform, display, reformat, translate, excerpt, and exploit your Contributions (including your image, name, and voice) for any purpose, including commercial and advertising. This license extends to all forms of media or technology and includes the use of your personal and commercial images, trademarks, and logos. You waive any moral rights to your Contributions and assert no moral rights have been claimed in your Contributions.

While we claim no ownership over your Contributions, maintaining full ownership and any associated intellectual property rights, you are solely responsible for your Contributions and agree to exonerate us from any responsibilities related to your Contributions. We reserve the right to edit, re-categorize, or delete any Contributions at our discretion, without obligation to monitor or provide notice.

14. THIRD-PARTY WEBSITES AND CONTENT

Interaction with Third Parties: The Services may contain links to other websites ("Third-Party Websites") and include content originating from third parties ("Third-Party Content"). We do not review, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content, and we are not responsible for them, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our endorsement or approval. You engage with Third-Party Websites and Third-Party Content at your own risk, and these Legal Terms cease to apply once you leave our Services. You should review the terms and policies of any Third-Party Websites or Third-Party Content, especially concerning privacy and data collection practices.

Purchases from Third Parties: Any transactions made through Third-Party Websites are conducted exclusively between you and the relevant third party. We bear no responsibility for such transactions. You agree and acknowledge that we do not endorse products or services offered on Third-Party Websites and you will hold us harmless from any harm caused by your purchase of such products or services. Furthermore, you will hold us harmless from any losses or harm resulting from or related to your interaction with Third-Party Websites or Third-Party Content.

15. MANAGEMENT OF SERVICES

We reserve the right, though we are not obliged, to:

1. Monitor the Services for breaches of these Legal Terms.

2. Take suitable legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.

3. At our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof.

4. At our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

5. Manage the Services in a way designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. PRIVACY POLICY

Commitment to Privacy: We take your privacy seriously and are committed to protecting it. Your use of the Services signifies your agreement to be bound by our Privacy Policy, which is integrated into these Legal Terms. Please be aware that the Services are hosted in the United States. If you access the Services from regions with laws governing personal data collection, use, or disclosure that differ from United States laws, your continued use of the Services represents your transfer of data to the United States, and you explicitly consent to your data being transferred to and processed in the United States.

Link to Privacy Policy

17. COPYRIGHT INFRINGEMENT NOTIFICATIONS

Respect for Intellectual Property: We respect the intellectual property rights of others. Should you believe that any material available on or through the Services infringes upon a copyright you hold or control, promptly notify us using the contact information provided herein (a "Notification"). A copy of your Notification will be sent to the individual who posted or stored the material addressed in the Notification. Be aware that under applicable law, you may be held liable for damages if you make false claims in a Notification. Therefore, if you are unsure whether material located on or linked to by the Services infringes your copyright, you may wish to first seek legal advice.

18. TERM AND TERMINATION

Duration and Effectiveness: These Legal Terms will remain in full force and effect while you use the Services. We reserve the right, without notice and in our sole discretion, to terminate your right to access and use the Services for any reason or no reason, and you acknowledge and agree that we may do so. This includes the right to block specific IP addresses or to deny access to the Services to any person at any time.

Prohibition on Re-Registration: Following the termination or suspension of your account for any reason, you are prohibited from registering a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We reserve the right to take legal action, including civil, criminal, and injunctive redress, against you for any breach of these Legal Terms.

19. SERVICE MODIFICATIONS AND INTERRUPTIONS

Right to Modify: We reserve the right to modify, change, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We are under no obligation to update any information on our Services.

Service Availability: We do not guarantee that the Services will always be available or uninterrupted. We may experience hardware, software, or other problems or may need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Services at any time or for any reason without notice to you.

Limitation of Liability: You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW

These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of law principles.

21. DISPUTE RESOLUTION

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms ("Dispute"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. By agreeing to arbitration, you understand that you are waiving the right to sue in court and have a jury trial. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Location and Jurisdiction: Except where otherwise required by the applicable AAA rules or applicable law, arbitration will take place in Kirkland, Washington. The Parties agree to submit to the personal jurisdiction of the state and federal courts located in Kirkland, Washington, and waive any objections related to improper venue or forum non conveniens.

Limitations Period: Any Dispute must be filed within one (1) year after the cause of action arose. If not, such cause of action is permanently barred.

Exceptions to Binding Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and any claim for injunctive relief.

22. ACCURACY OF INFORMATION

We strive to ensure that information on the Services is complete and reliable; however, the information may contain typographical errors, inaccuracies, or omissions, including those related to descriptions, pricing, availability, and other various aspects. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time, without prior notice.

23. DISCLAIMER OF WARRANTIES

The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services.

24. LIMITATION OF LIABILITY

Under no circumstances shall we, or our directors, employees, or agents, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Services, including but not limited to, your reliance on any information obtained from the Services; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of ours has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Services.

25. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your Internet account.

26. DATA RESPONSIBILITY

We are committed to ensuring the security of your data. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

27. ELECTRONIC COMMUNICATIONS

When you visit the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

28. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, users residing in California can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (916) 445-1254 or (800) 952-5210; or by email at dca@dca.ca.gov.

29. CHANGES TO TERMS

Updates to Terms and Conditions: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes, we will make the updated Terms available through the application and update the 'Last Updated' date at the top of these Terms. We will also provide a prominent notice within the application. Your continued use of the application after any such update constitutes your binding acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the application immediately.

30. RENTALS

Ownership and Rental of Items:

Property Rights: Owners must confirm and demonstrate that they hold full legal ownership or are duly authorized to offer the items listed on the application for rent.

Quality and Safety Standards: Owners are responsible for ensuring that all listed items meet high-quality and safety standards. Specifically, each item must:

• Be in excellent working condition, with all functions operating as intended.
• Be well-maintained, clean, and presentable, ready for immediate use by the Renter.
• Adhere to all applicable industry standards, safety regulations, and manufacturer guidelines.
• Be free from defects, including but not limited to structural damages, unsafe wear and tear, or any condition that could pose a risk to the user.

Maintenance and Repairs: Owners are obligated to ensure that all items are maintained in good working condition and are safe for use by Renters. In the event of an item requiring repair or maintenance, the Owner is responsible for carrying out such actions promptly to ensure the continued provision of quality and safe items for rental.

Insurance: Owners are strongly encouraged to secure appropriate insurance coverage for their listed items to protect against potential loss, theft, or damage. While the platform facilitates rental transactions, it does not provide insurance coverage for items listed by Owners.

Item Availability: Owners must ensure the availability of the listed items for the duration agreed upon in the rental agreement. In cases where an item becomes unavailable due to unforeseen circumstances, Owners are required to notify Renters immediately and make efforts to provide a suitable alternative or offer a refund for the rental period affected.

Owner Conduct: Owners are expected to conduct all transactions in a professional and courteous manner. Any form of discrimination, harassment, or inappropriate behavior towards Renters will not be tolerated and may result in removal from the platform.

Compliance with Laws: Owners are responsible for understanding and complying with all applicable laws, regulations, and guidelines related to the rental of their items, including but not limited to safety standards, licensing requirements, and tax obligations.

Payment Terms:

Processing: Rental transaction payments are processed through Stripe.

Compliance with Payment Conditions: Users must comply with the payment terms outlined, inclusive of any applicable fees or charges.

Payment Security: The application disclaims responsibility for the security or processing of payments, as these are managed by Stripe.

Item Swap, Expansion, and Return Policies:

Flexibility in Rental: Renters are permitted to swap, expand, or return rented items, subject to the policies established by the Owner and in alignment with the platform's guidelines.

Condition of Returned Items: Items are expected to be returned in the condition they were received, allowing for normal wear and tear.

Adherence to Specific Terms: Renters are obliged to adhere to stipulated timelines, conditions, and any penalties for non-compliance as per the terms of the rental agreement.

Dispute Resolution for Rental Transactions:

Initial Resolution Efforts: In the event of disputes between Owners and Renters, such as damage claims or disagreements regarding the condition of items, parties are encouraged to seek resolution independently.

Mediation by the Platform: Should independent resolution prove unattainable, the platform may intervene and mediate based on evidence presented by both parties. The platform's determination will be regarded as conclusive.

Liability and Risk:

Role of the Platform: The platform serves as an intermediary between Owners and Renters and does not bear liability for the condition of rented items, transactional disputes, or the conduct of users. For the avoidance of doubt, YOU WAIVE ALL CLAIMS AGAINST PVR CAUSED BY THE USE OF ANY EQUIPMENT FROM THE RENTAL TRANSACTIONS AND ANY INHERENT RISKS RELATED TO USE OF THE EQUIPMENT, INCLUDING PERSONAL INJURY AND DEATH OF YOURSELF OR OTHERS.

Assumption of Risk: Both Owners and Renters willingly assume all risks associated with the rental transaction.

31. MISCELLANEOUS

These terms and conditions constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect.

32. CONTACT US

For any questions or comments regarding the Services, please contact us at: