Welcome to Bid-It Rentals, the online platform that allows users to list, offer for rent, and rent the equipment of other users (the "Service"), operated by Bid-It Rentals, Inc, (the "Company" or "Bid-It Rentals").The Service is available through our website located at www.biditrentals.com.
The Company urges all users to be responsible about their use of this Service and any transaction entered into as a result of either listing their property or renting property (a "Rental Transaction"). The Service acts as a venue to allow the suppliers of equipment (each a "Supplier") to offer for rent, their equipment rental property to potential renters (each, a "Renter" and, collectively with a Supplier, the "Users"). Renters can submit requests for Suppliers to submit bids for equipment needed. Unless otherwise stated, the Company does not own or manage, nor can the Company contract for, any piece of property listed on the Service.The Company's Service allows Users to communicate with each other once the Supplier has submitted a bid to the Renter and the Renter has accepted the bid. Any rental or other agreements are not the responsibility of Bid It Rentals.
b. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.
c. By using the Service, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
You may register as a User at no cost. As a User, you may use all of the features and services available within the Service. Services include the ability of Renters and Suppliers to communicate with each other once the Supplier's bid has been accepted. Users, both Renters and Suppliers, must create a user profile in order to access the Services.
a. The Company provides a third party platform to provide the Service. The Company does not offer for sale, rent or lease, any of the equipment which is offered through the Service. All of the products which are presented for bid through the Service are offered by other Users. The Service is strictly limited to the platform whereby users offer to lease the equipment. Upon any successful bid, the Service is complete. It is the sole responsibility of the Users to enter into any use agreement.
b. By submitting a request for bids from Suppliers, Renters agree that your request for bids will remain open until you accept a bid or until you remove your request for bids from the Website; Supplier will be able to view your username as registered with the website and feedback and detailed Renter/customer ratings (see our Feedback policy below).
c. If you accept a bid from a Supplier, the Company may provide aprivate online chat service with the Supplier in order to exchange informationand solidify the terms of the Rental Transaction, but shall have no obligation to do so. It shall be the responsibility of the Supplier and Renter to coordinate any communication with the other and to consummate any rental agreement after the completion of the Service.Bid-It Rentals is not required to, but has the right to, monitor the content of chat rooms. In that respect, Users agree that offensive behavior towards other Users and use of foul language in the chat room will not be tolerated and shall constitute sufficient grounds for termination of the User's membership.
Feedback is an open forum where Users can rate experiences with their transaction partners on a scale of 1 to 5 (where 1 is the worst experience and 5 is the best). It is important to remember that, in most cases, the Feedback you leave is permanent and is viewable by all Users and visitors to the Website. The following is prohibited behavior with regards to Feedback:
a. Extortion. Users may not use threats of poor Feedback or low detailed ratings to get something that was not part of the original Rental Transaction. Users may not demand positive Feedback from other users.
b. Manipulation. Users may not exchange Feedback for the purpose of enhancing reputation.
c. Removal. Feedback and comments are generally a permanent part of a User's profile. However, the Company reserves the right to monitor and remove Feedback for engaging in any of the prohibited behavior listed herein. The Company also reserves the right to terminate your membership for engaging in the prohibited behavior.
a. This Agreement will remain in full force and effect while you use the Service and/or are a User.
b. You may change or cancel your membership at any time, for any reason, by following the instructions on the "change/ cancel membership" or similar page on your "Account Settings" page. You may also cancel your membership by sending the Company written notice of cancellation to Bid-It Rentals, Inc., 2864 Edgehill Lane, Cooper City, FL 33026 or by email notice of cancellation to firstname.lastname@example.org. If you cancel your membership via the Website, the Company may ask you to provide a reason for your cancellation. The Company requires a reasonable amount of time to process the cancellation.
c. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice, and in its sole discretion,with or without cause. If applicable, all unpaid transaction fees you owe shall immediately become due at termination. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. In no way requiring or limiting any grounds for such termination, the following may result in the termination or suspension of your subscription and/or membership:
d. After your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
a. USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOTCONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS BUT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDUCT OF USERS.
b. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. AS NOTED IN AND WITHOUT LIMITING SECTIONS 14 AND 16 BELOW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE ULTIMATE CONSUMMATION OF ANY RENTAL TRANSACTION BID UPON AND ACCEPTED THROUGH THE SERVICE.
The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
a. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Service, or transmit to the Company or any other User (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
b. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company.
c. By posting Content on the Website or as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
d. In addition to the types of Content described in Section 10(a) above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.
e. Your use of the Website and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
f. You agree that any Content you place on the Website to be viewed by other Users may be viewed by any person visiting the Website or participating in the Service.
The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website involvingUsers you meet through the Service. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Service. You will not:
Modifications to Service.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
You acknowledge and agree that neither the Company nor its affiliates are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any User; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Arbitration and Governing Law.
a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
b. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
c. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of this Section ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). The Notice to Bid-It Rentals should be sent to Bid-It Rentals, Inc., 2864 Edgehill Lane, Cooper City, FL 33026. The Company will send any Notice to you to the physical address the Company has on file associated with your Bid-It Rentals account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and the Company are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Bid-It Rentals, Inc., 2864 Edgehill Lane, Cooper City, FL 33026. In the event the Company initiates arbitration proceedings against you, it will send a copy of the completed form to the physical address the Company has on file associated with your user account. Any settlement offer made by you or the Company shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Palm Beach County, Florida or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the parties may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, the parties may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Bid It Rental User to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
d. Any proceeding to enforce this agreement to arbitrate disputes, including any proceeding to confirm, modify, or vacate an arbitration award, shall be commenced only in the federal or state courts situated in Palm Beach County, Florida. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Palm Beach County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
e. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by User.
You hereby agree to defend, indemnify and hold harmless Bid-It Rentals, its owners, parents, subsidiaries, and/or affiliates, and its and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (a) the copying and storage of any User Content on Bid-It Rental's systems, networks, and/or servers, (b) any publication, distribution, performance, or display of such User Content, or any derivative work thereof, (c) any other claim, damage, obligation, loss or liability related to or arising from your use of and access to the Service, (d) your violation of any term of this Agreement, (e) your violation of any third party right, including without limitation any copyright, property, or privacy right, (f) any claim that one of your User Content caused damage to a third party, including but not limited to any claim of defamation, right of publicity, unfair competition, or allegation of obscenity related to your User Content; or (g) any personal injury (including death) or property damage arising from or related to any Rental Transaction you enter into, including any claim, damage or loss arising from your use of any equipment, machinery, tools, or other property thereunder. This defense and indemnification obligation will survive this Agreement and your use of the Service.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Entire Agreement; Other.
This Agreement is subject to change by the Company at any time. To help you stay current of any changes, the Company notes the date these Terms were last updated below. Your use of the Service following the posting of any revised Terms shall be deemed acceptance of the revised Terms. The Company recommends checking these Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Service and inform us of such termination as described in these Terms. Continued use of the Service constitutes your agreement to these Terms as in effect.