PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Last Updated April 16, 2018
ZDAG LLC. dba www.garage101.com (“TY”, “we”, “us”, or “our”) provides a connection between a person or company who wants to rent/sell a tool for a limited time to another person or company who is willing to use that tool. You as the renter/buyer (“renter”), or a provider must work within these policies to make this a mutually enjoyable process. Tool owners ("Provider", “Owner”) who have tools (“Tools”) and renters seeking to rent such tools (“Renters,” “you”, “your”) to arrange and transact the sharing of Tools (collectively, the “Services”). The Services include and are accessible at the website http://www.garage101.com(“Site”) and the application for mobile devices (“App”).
GARAGE101 reserves the right, at its sole discretion, to modify the Services or the Terms at any time and without prior notice. If we modify the Terms, we will post the date of the modification and the modified version of the Terms on the Site or via the App. By continuing to access or use the Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
To access and use the Services you must register to create a GARAGE101 account (“Account”) and become a GARAGE101 member (“Member”). When you set up an Account and use the Services you must provide accurate and complete information and keep your Account information updated. Account information requested may include but is not limited to, your name, phone number, email address, physical address, billing information (such as bank account and/or credit card information), photo of your tool. Account holders may be both Tool Owners and Renters. Do not use another person’s Account or registration information for the Services without their permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You may delete your Account by contacting us or through the Account settings. We reserve the right to access your Account and to read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) provide any services related to your use of the Services, or (vi) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies, organizations and insurance providers for such purposes as fraud protection and spam/malware prevention.
You may not have more than one (1) active Account. GARAGE101 reserves the right to suspend or terminate your Account and your access to the Services at any time. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether you have authorized such activities or actions or not.
You may also register by logging into your account with certain third party social networking sites, such as Facebook (“SNS”). By doing so you are allowing GARAGE101 to access your information from such SNS and use it for such integration purposes. You may edit privacy settings for the information that appears on the SNS.
TOOL OWNERS: After registering for the Service and setting up an Account, list your Tool(s) on the Site or App (a “Listing”), including address and photo. Set your Rent/Sale Rate (“Rental Rate” or “Buy Rate”). You may change your rental period and rate at any time; however, any changes made to your Tool’s availability or rate will not apply to any renter who is already renting at the time. The Tool Owners will honor all rental reservations and ensure the Tool’s availability during the Rental Period.
RENTERS/BUYERS (“RENTER”): Search for Tools based on your current geographical location or an address using the App or the Site and register for renting or buying the Tool. Once you have registered to buy or rent the selected tool, you will have access to the owner’s phone/email and you can set up a meeting time to go and get the tool. When you return the tool, you must “Check-Out” on the App or website. Failure to do so may result in us charging you for extra time. While we may send you reminders of the impending expiration time as a courtesy, you are fully responsible for checking out and returning the tool (if renting) before the end of the Rental Period. You can extend your stay by adding to your time and paying for it at any time during your rental period. Renters agree and understand that you are entering into an agreement with the Tool Owner, and you agree to accept any terms, conditions, rules, and restrictions associated with such Tool imposed by the Tool Owner. Renters also agree that you are liable to pay the full price of the tool if it is not returned or broken or it is not in exact same condition upon renting.
RENTERs WHO USE THE TOOLS ASSUME ALL RISK OF LOSS OR DAMAGE TO THE TOOL AND PEOPLE AND OTHER PROPERTIES IN CONNECTION WITH SUCH USE. THE TOOL OWNERS, AND THEIR AFFILIATES AND AGENTS ARE NOT RESPONSIBLE FOR, AND ASSUME NO LIABILITY FOR, FIRE, THEFT, DAMAGE OR LOSS TO ANY PROPERTY OR FOR INJURY TO ANY PERSON OR PROPERTY AS A RESULT OF USE OF THE TOOLS. THESE TERMS AND INSTRUCTIONS PROVIDED BY THE TOOL OWNER MUST BE FOLLOWED TO AVOID INJURY, LOSS, ETC.
“Rental Fees” consist of the Rental Rate displayed in each Listing plus any taxes, and any penalty assessed by GARAGE101 on behalf of the Tool Owner for overstaying the Rental Period. Renter hereby authorize GARAGE101 and its payment processing providers to charge the Rental Fees on the credit card provided by Renter.
As an agent of the Owners, GARAGE101 will collect the Fees from Renter. Owners can request a payment from GARAGE101 (minus fees) at any time via ACH or a check once they have an earned credit over $100. Owners are responsible for paying the tax authorities any applicable taxes on the payments received from GARAGE101 and will indemnify and hold harmless GARAGE101 against any claim arising out of Owner’s failure to pay such taxes. Owners are also required to have any city/county permits if required by the city/county to rent/sell their tools.
GARAGE101’s fees: GARAGE101 charges the renter a 3 to 12% fee based on $ value and 3.3% for credit card transaction. The tool provider does not incur any fees.
The following applies to any App accessed through or downloaded from the Apple App Store (“App Store Sourced App”):
You acknowledge and agree that (i) these Terms are concluded between you and GARAGE101 only, and not Apple; and (ii) GARAGE101, not Apple, is solely responsible for the App Store Sourced App and content thereof. Your use of the App Store Sourced App must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced App. In the event of any failure of the App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced App.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced App or your possession and use of the App Store Sourced App, including but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the App Store Sourced App or your possession and use of that App Store Sourced App infringes that third party’s intellectual property rights, GARAGE101 not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced App against you as a third party beneficiary thereof. Without limiting these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced App.
From time to time uses of the Services may post content, including but not limited to feedback on other users and the Services (“User Content”). User Content is the sole responsibility of the person who originated such user Content. Any user Content and all other content that you access by you using the Services (collectively, “Content”) is at your own risk. You may delete or remove your user Content upon which time it will be removed from the Services, but it may persist in backup copies for a reasonable period.
We are not responsible for anything another user posts on the Site or App. However, we reserve the right to (i) remove, edit, or modify any Content whenever we want without notice to you for any reason (including but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if we are concerned that you may have violated these Terms), or for no reason at all; and (ii) to remove or block any Content from the Services. We have no control over the truth or accuracy of our users.
You grant each user of the Services (including apps downloaded through third party services) a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally or on a device) Content solely for personal purposes. By submitting user Content through the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the user Content in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, APIs, third party websites, and feeds).
YOU USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES, SITE, APP, AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GARAGE101 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. GARAGE101 MAKES NO WARRANTY THAT THE SERVICES OR THE TOOLS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, OR SECURE BASIS. GARAGE101 MAKES NO WARRANTY REGARDING THE LISTINGS, TOOLS, OR TOOL AVAILABILITY. GARAGE101 DOES NOT WARRANT THAT YOUR VEHICLE OR YOUR TOOLS WILL BE SAFE OR PROTECTED FROM DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GARAGE101 OR THROUGH THE SITE, APP, SERVICES, OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND THAT GARAGE101 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY TOOLS. GARAGE101 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR LISTING, OR SHARING OF ANY TOOLS VIA THE SITE OR APP REMAINS WITH YOU. GARAGE101 AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PROPERTY, PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARAGE101 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE TOOL OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL GARAGE101’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES OR CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR A TOOL SHARING VIA THE SITE OR APP AS A DRIVER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TOOL OWNER, THE AMOUNTS PAID BY GARAGE101 TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GARAGE101 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.
You agree to release, defend, indemnify, and hold GARAGE101 and its affiliates and subsidiaries, and their 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 (a) your access to or use of the Services or your violation of these Terms; (b) your user Content; (c) your interaction with any user; (d) your sharing of any Tool; (e) your creation of a Listing; or (f) the use or sharing of a Tool by you, 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 sharing, listing, or use of a Tool.
The Services (including the Site and the App and the software and technology used to operate the Services but excluding user Content) and all intellectual property therein, are owned by GARAGE101 and its licensors. You shall not sell, license, rent, reverse engineer, decompile, or otherwise use or exploit any part of the Service, Site, App, or Content for commercial use or in any way. GARAGE101 is not an owner, operator, or provider of Tools or Listing, and we do not own, sell, furnish, provide, rent, and/or control Tools or Listing. GARAGE101’s responsibilities are limited to: (i) facilitating the availability and sharing process of Tools; (ii) serving as the limited agent of Tool Owners for accepting payments from Renter on behalf of the Tool Owner and for any other capacity mutually agreed upon between Tool Owners and GARAGE101. Each Tool Owner hereby appoints GARAGE101 as the Tool Owner’s agent solely for the forgoing purposes.
You understand and agree that GARAGE101 is not a party to any agreements entered into between Tool Owners and Renter. GARAGE101 has no control over the conduct of Tool Owners, Renter, and other users of the Services, and disclaims all liability in this regard. GARAGE101 does not endorse any Renter or any Tool. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. We are not responsible for any damage or harm resulting from your interactions with other Members. By using the Services you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from GARAGE101 with respect to such actions or omissions. This limitation shall not apply to any claim by a Tool Owner against GARAGE101 regarding the remittance of payments received from a Driver on behalf of a Tool Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability.”
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to the Services; and (b) deactivate or cancel your Account. Upon termination we will promptly pay Tool Owners any amounts we owe, which we are legally obligated to pay. In the event GARAGE101 terminates these Terms, or your access to the Services, or deactivates or cancels your Account, Renter will remain liable for all amounts due hereunder. You may cancel your Account at any time.
You acknowledge and agree that, lister or tool owner is liable to pay for their own taxes and/or any fees like enviromental fee, recycling fee, etc for selling and/or renting the tool on the site. GARAGE101 WILL NOT BE LIABLE FOR ANY TAXES AND FEES NOT PAID BY THE TOOL OWNER.
These Terms constitute the entire and exclusive understanding and agreement between GARAGE101 and you regarding the Services and Content, and these Terms supersede and replace all prior oral or written understandings or agreements between GARAGE101 and you regarding the Services or Content. You may not assign or transfer these Terms, by operation of law or otherwise, without GARAGE101’s prior written consent. GARAGE101 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of GARAGE101 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GARAGE101. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GARAGE101 (i) via email to the address that you provide, the date of receipt to be deemed the date on which such notice is transmitted; or (ii) by posting to the Site or via the App.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and GARAGE101 agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or a United States District Court, Northern District of California located in Santa Clara County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If you have any questions about these Terms, please contact GARAGE101 at firstname.lastname@example.org. or call 650-230-8081
By agreeing to these terms and listing a tool you also certify that the tool is yours to rent/sell out.