Terms and Conditions for Equipment Leader

These terms and conditions (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and Timber Rentals, LLC, headquartered in Dover, Delaware, operating the Equipment Leader online equipment marketplace platform (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

1. Platform Use

1.1 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Platform. By accessing or using the Platform, you represent and warrant that you meet these requirements.

1.2 Account Registration: In order to access certain features of the Platform, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for any activities conducted through your account.

2. Listings and Transactions

2.1 Equipment Listings: Equipment Leader allows users to list, advertise, and search for various types of equipment. The accuracy and completeness of the listings are the sole responsibility of the users who create them. We do not guarantee the availability, condition, quality, or legality of any equipment listed on the Platform. You acknowledge and agree that any transactions or interactions resulting from the use of the Platform are solely between the buyer and the seller, and Timber Rentals, LLC shall not be responsible for any disputes, damages, or liabilities arising from such transactions or interactions.

2.2 Transactions

2.2.1 Buyer-Seller Responsibility: Buyers and sellers are solely responsible for their interactions, negotiations, and transactions on the Platform. It is your responsibility to assess and verify the condition, suitability, and legality of the equipment, as well as any warranties, guarantees, or representations made by the seller. Equipment Leader makes no warranties or representations, express or implied, regarding the condition, functionality, safety, or quality of the equipment listed on the Platform.

2.2.2 Collections: In the event of non-payment or non-performance by a buyer or seller, and subject to applicable local laws, Equipment Leader may assist in collections or enforcement proceedings as permitted by law. However, Equipment Leader does not guarantee the successful outcome of such collections or enforcement efforts and shall not be held liable for any damages or losses incurred in connection with such actions.

2.3 Payment Processing and Taxes

2.3.1 Payment Processing: Equipment Leader may provide payment processing services to facilitate transactions. By using these services, you acknowledge and agree that Equipment Leader may collect, process, and transmit your payment information, including but not limited to credit card details, to third-party payment processors. Equipment Leader takes reasonable measures to protect the security and confidentiality of your payment information, but we cannot guarantee its absolute security.

2.3.2 Taxes: Buyers and sellers are responsible for complying with any applicable tax obligations related to their transactions on the Platform. This includes, but is not limited to, sales tax, use tax, value-added tax (VAT), or any other similar taxes imposed by local, state, or national jurisdictions. Equipment Leader does not provide tax advice, and it is your responsibility to determine and fulfill any tax obligations arising from your use of the Platform and any transactions conducted through it.

3. User Responsibilities

3.1 User Conduct: You agree to use the Platform in compliance with all applicable laws and regulations. You will not engage in any activity that may interfere with or disrupt the Platform’s operation or the experiences of other users.

3.2 Content: You are solely responsible for any content you post, transmit, or share on the Platform. You represent and warrant that you have the necessary rights and permissions to distribute such content and that it does not infringe upon any third-party rights.

3.3 Prohibited Actions: You agree not to:

a) Use the Platform for any unlawful or fraudulent purpose; b) Post false, misleading, or defamatory information; c) Violate any intellectual property rights or other proprietary rights; d) Transmit any viruses, malware, or other harmful code; e) Engage in unauthorized access or data collection activities; f) Harass, threaten, or intimidate other users; g) Impersonate any person or entity; h) Attempt to gain unauthorized access to the Platform or its related systems.

4. Dispute Resolution and Chargebacks

4.1 Dispute Resolution: Any disputes or claims arising out of or relating to the Platform, its use, or these Terms shall be resolved through negotiation, mediation, or binding arbitration, as determined by Timber Rentals, LLC.

4.2 Chargebacks: Users agree not to initiate chargebacks or reversals of payments made through the Platform, unless allowed by applicable local laws. Any user found in violation of this provision may be liable for any fees, costs, or damages incurred by Timber Rentals, LLC or the affected party as a result of the chargeback.

5. Limitation of Liability

5.1 Disclaimer of Warranties: The Platform is provided on an “as is” and “as available” basis. We make no warranties or representations, express or implied, regarding the Platform’s operation, availability, or accuracy.

5.2 Limitation of Liability: To the fullest extent permitted by applicable law, Timber Rentals, LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use or inability to use the Platform, even if advised of the possibility of such damages.

5.3 Indemnification: You agree to indemnify, defend, and hold harmless Timber Rentals, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your use of the Platform, violation of these Terms, or infringement of any third-party rights.

6. Modification of Terms

6.1 Timber Rentals, LLC reserves the right to modify these Terms at any time without prior notice. Any changes to the Terms will be effective immediately upon posting the revised version on the Platform. Your continued use of the Platform after the posting of any modifications constitutes your acceptance of the revised Terms.

7. Termination

7.1 Timber Rentals, LLC may, in its sole discretion, suspend, terminate, or restrict your access to the Platform at any time, for any reason, without prior notice or liability.

8. Governing Law and Jurisdiction

8.1 These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

8.2 Any legal action or proceeding arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the state or federal courts located within the State of Delaware, United States.

9. Severability

9.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remainder of the Terms shall continue in full force and effect to the maximum extent permitted by applicable law.

10. Intellectual Property

10.1 Ownership: All intellectual property rights in the Equipment Leader platform, including but not limited to trademarks, logos, graphics, designs, and software, are owned by Timber Rentals, LLC or its licensors. You agree not to use or reproduce any intellectual property belonging to Timber Rentals, LLC without prior written consent.

11. Third-Party Links and Content

11.1 Third-Party Links: The Equipment Leader platform may contain links to third-party websites or resources. Timber Rentals, LLC does not endorse or assume any responsibility for the content, products, or services provided by these third parties. You acknowledge and agree that Timber Rentals, LLC shall not be liable for any damages or losses arising from your use of or reliance on any third-party websites or resources.

12. Communications

12.1 Consent to Communications: By using the Equipment Leader platform, you consent to receive electronic communications from Timber Rentals, LLC, including but not limited to emails, newsletters, and promotional offers. You can unsubscribe from these communications at any time by following the instructions provided in the communication.

12.2 Privacy: Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

13. Ad Moderation

13.1 Ad Moderation: Timber Rentals, LLC reserves the right to moderate all ads and listings posted on the Equipment Leader platform. We may review and evaluate ads to ensure compliance with these Terms and applicable laws. We may refuse to publish or may remove any ad that we deem fraudulent, illegal, misleading, or otherwise violates these Terms or any applicable laws or regulations.

13.2 Discretionary Decision: The decision to publish or remove an ad is at the sole discretion of Timber Rentals, LLC. We may take into account factors such as the accuracy of the information provided, the authenticity of the listing, the compliance with legal requirements, and the overall integrity of the ad.

13.3 No Liability: Timber Rentals, LLC shall not be liable to users or any third party for any damages, losses, or liabilities arising from the refusal to publish or removal of an ad, regardless of the reasons for such action.

14. Disclaimer of Liability

14.1 Use at Your Own Risk: You acknowledge and agree that the use of the Equipment Leader platform and any transactions conducted through it are at your own risk. Timber Rentals, LLC shall not be liable for any injuries, accidents, damages, or losses arising from the purchase, sale, possession, or use of any equipment obtained through the Platform.

14.2 Seller Responsibility: Sellers are solely responsible for ensuring the safety, quality, and suitability of the equipment they list on the Platform. Timber Rentals, LLC does not conduct inspections or assessments of the equipment and does not guarantee its fitness for a particular purpose. Any claims, warranties, or representations made by sellers are their sole responsibility, and buyers should rely on their own judgment and diligence when evaluating and purchasing equipment.

14.3 Assumption of Risk: By using the Equipment Leader platform, you assume all risks associated with buying, selling, or using the equipment listed on the Platform. This includes, but is not limited to, risks of property damage, personal injury, and financial loss.

14.4 No Liability: To the fullest extent permitted by applicable law, Timber Rentals, LLC, its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for personal injury, property damage, lost profits, or loss of data, arising out of or in connection with the use of the Platform, even if advised of the possibility of such damages.

14.5 Indemnification: You agree to indemnify, defend, and hold harmless Timber Rentals, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your use of the Platform or any transactions conducted through it.

15. Entire Agreement

15.1 Integration: These Terms, including any additional policies or agreements referenced herein, constitute the entire agreement between you and Timber Rentals, LLC regarding your use of the Equipment Leader platform and supersede any prior understandings or agreements, whether oral or written.

16. Contact Information

16.1 Contact: If you have any questions or concerns regarding these Terms, please contact us at [insert contact information].

17. Modifications and Updates

17.1 Modifications: Timber Rentals, LLC reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated version on the Platform. Your continued use of the Platform after the posting of any modifications constitutes your acceptance of the revised Terms.