TERMS OF USE

This document sets out contractual terms for your participation in the Patriot Equipment Rental & Sales Marketplace. The terms are legally binding on you, so it’s important that you read and understand them.

Below are the general terms that apply to all users of the Patriot Equipment Rental & Sales Marketplace together with its sites, applications, services, and tools (“Patriot”).  All of the terms stated in these Terms of Service, together with Patriot’s Privacy Policy constitute the “Agreement” between you and Patriot. Patriot may change the terms of the Agreement from time to time.

As stated on the Patriot site and in our mobile application(s), when you click the appropriate button to continue with your registration or activity, that action will constitute acceptance of the Agreement. If you have any questions for us concerning the Agreement or Patriot generally, please contact us at customerservice@Patrioteqrs.com.

GENERAL TERMS

REGISTRATION AND VERIFICATION
When you sign up for various services offered by Patriot, you will be asked to provide certain information about yourself (e.g. information concerning your equipment, your address, etc.). You promise that any information you provide to Patriot will be complete and accurate. Patriot may use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Patriot to request, receive, use and store such information for a reasonable period of time. Patriot may, at its discretion, accept or reject your registration application.

CONTINUING OBLIGATION TO UPDATE INFORMATION
You promise to update the information you have provided to Patriot in the event of any changes to your equipment or contact information, specifically with respect to your contact information. Patriot may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that billing address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. Patriot may use and share your information as described in our Privacy Policy.

YOUR COMMITMENTS
You agree that you will always use Patriot in compliance with the terms of this Agreement and any other policies and standards provided to you by Patriot. You promise Patriot that you have the legal right to enter into this Agreement and to use Patriot. You promise that your activities with Patriot won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.

INDEMNITY AND INSURANCE
With respect to insurance that User is required to obtain pursuant to the Rental Agreement, prior to receiving rental equipment, each User will name “Patriot and Equipment Owner” as an additionally-insured, for both completed and ongoing operations. Documentation of such coverage will be provided on Patriot’s request.

To the greatest extent permitted by law, you will indemnify, defend and hold harmless the equipment owner, from whom you are renting, Patriot and its affiliates, directors, employees, investors, and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s violation of this Agreement. This provision shall survive the completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among Patriot and any Users.

TERMINATION
You may discontinue your use of Patriot at any time and Patriot may terminate your access to the Patriot Marketplace at any time for any reason or no reason. Termination of access to the Patriot Marketplace will not release either party from any obligations incurred prior to the termination and Patriot may retain and continue to use, for its own internal purposes, any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waivers, or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
This Agreement describes all of Patriot’s obligations in the event of any loss or damage resulting from your participation in the Patriot Marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:

PATRIOT PROVIDES A MARKETPLACE THAT FACILITATES EQUIPMENT RENTAL SERVICES BETWEEN EQUIPMENT OWNERS AND EQUIPMENT RENTERS.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PATRIOT (including its subsidiaries and affiliates, officers, directors, agents, and employees) IS NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY LOSSES (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, incidental, or consequential damages).

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on Patriot (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to Patriot in the 12 months prior to the action giving rise to the liability, or (c) $100.

NO AGENCY
Patriot does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Patriot and Patriot will not make commitments on your behalf unless expressly stated in this Agreement.

LEGAL DISPUTES
You and Patriot agree that any claim or dispute at law or equity that has arisen or may arise between us relating to Patriot Terms will be resolved in accordance with the provisions set forth in this Agreement.

APPLICABLE LAW
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Patriot, except as otherwise stated in the Agreement.

SEVERABILITY
If an arbitrator or court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.

NO LICENSE
Patriot contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of Patriot, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for the content provided by users through Patriot, all of the content presented through Patriot is owned by Patriot and its licensors. All rights are hereby expressly reserved.

GENERAL
This Agreement states the entire understanding between you and Patriot concerning your participation in the Patriot Marketplace and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of the Patriot.