Here's the fine print
ANYQUIP TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS REGARDING YOUR USE OF ANYQUIP OR THE SERVICES PROVIDED BY OR THROUGH ANYQUIP. BY USING ANYQUIP YOU ARE DEEMED TO HAVE REVIEWED AND ACCEPTED THE TERMS AND CONDITIONS CONTAINED HEREIN.
Welcome to AnyQuip Inc. ("AnyQuip", "we", "us" and "our"), a technology platform used to connect equipment owners ("Owners") with equipment renters and/or purchasers (together "Consumers").
The AnyQuip website (the "Website") is owned and operated by us for Owners and Consumers (each person, firm or company using the Website, a "User", "you" and "your"). The terms and conditions hereunder (together the "Terms and Conditions") set forth the rights, privileges, obligations and restrictions applicable to Owners' and Consumers' access to and use of this Website, our mobile application program or interface,, emails, text messages and social media accounts (collectively the "Application") and any feature, content, tools or services that are accessible through the Application. The Terms and Conditions also govern all transactions between you and us, which includes, without limitation, your use of the Application to facilitate rental, purchase or sale of equipment with other Users. The Application and these services are collectively referred to as the "Service".
In these Terms and Conditions, "Equipment" means any equipment, including any and all parts and accessories attached to or forming a part of such equipment, and any and all other parts, accessories, manuals, or other items supplied by the Owner to effect such rental or sale and which may be used for the operation, maintenance, repair or inspection of such Equipment. Each transaction in which a Consumer rents Equipment from an Owner via the Service is referred to in these Terms and Conditions as a "Rental" and each transaction in which a Consumer purchases Equipment from an Owner via the Service is referred to as a "Sale"
1. ACCEPTANCE OF THESE TERMS AND CONDITIONS
It is a condition of your use of the Application that you accept the within Terms and Conditions, as may be amended by Anyquip from time to time. If you desire to use the Application and indicate that you have read, understood and accepted these Terms and Conditions, you must click on the "I Accept" button below. By clicking on the "I Accept" button, you are hereby deemed to have duly read, understood, accepted and signed these Terms and Conditions, and to have expressly indicated your intention to be bound to and abide by all of the provisions of these Terms and Conditions.
If you do not wish to accept these Terms and Conditions, you may click on the "Back" button of your browser or on the "Cancel" button below to exit this Application. Notwithstanding the foregoing, if you proceed to use this Application, you agree to be bound by these Terms and Conditions in connection with the Application or any of the goods or services available on the Application, all as may be modified by AnyQuip from time to time at its sole discretion.
Anyquip reserves the right, in its sole and absolute discretion, to modify, revise, amend or otherwise update the Application or these Terms and Conditions at any time and without prior notice to you. You are hereby notified that it is your obligation to review any notices you receive from us regarding changes to these Terms and Conditions or the Application. Notwithstanding the foregoing, we may notify you of any modification, amendment, revisions or update to the Application or these Terms and Conditions by notice method permitted hereunder, which may involve a mere posting of the amended Terms and Conditions at this location. By continuing to access or use the Application after notice is provided, you are indicating your acceptance of, and agreement to, the changes to the Application and/or these Terms and Conditions as hereinbefore contemplated.
Notwithstanding anything contained in these Terms and Conditions, AnyQuip may immediately terminate, suspend or deny your access to the Service, or any portion thereof, at any time, with or without notice, in our sole discretion and for any reason.
2. LIMITED USE OF ANYQUIP AS A PLATFORM
THE APPLICATION PROVIDES A MULTI FACETED ONLINE PLATFORM THROUGH WHICH YOU MAY ENGAGE WITH OTHER USERS FOR THE PURPOSE OF A VARIETY OF TRANSACTIONS INVOLVING EQUIPMENT. BY USING THE APPLICATION YOU AGREE THAT ANYQUIP IS MERELY PROVIDING AN ONLINE PLATFORM TO BRING TOGETHER USERS AND FACILITATE PAYMENTS BETWEEN USERS. WITHOUT LIMITING ANY PROVISION IN RESPECT OF WAIVER OF CLAIMS, INDEMNIFICATION OR LIMITATION OF LIABILITY, TAKE NOTICE THAT ANYQUIP DOES NOT MAKE ANY GUARANTEE OR WARRANTY IN RESPECT OF THE QUALITY, QUANTITY, OR FITNESS OF THE EQUIPMENT OR ANY OTHER GOODS OR SERVICES, OF ANY KIND WHATSOEVER, APPEARING IN THE APPLICATION. ANYQUIP IS NOT, AND WILL NOT BE, A PARTY TO ANY AGREEMENT MADE BETWEEN USERS UNLESS SUCH AGREEMENT IS IN WRITING AND SIGNED BY AN OFFICER OF ANYQUIP WITH THE AUTHORITY TO BIND US. ANY TRANSACTION ENTERED INTO BETWEEN USERS, OF ANY NATURE WHATSOEVER, IS A TRANSACTION EXCLUSIVELY BETWEEN THE USERS.
3. REGISTRATION REQUIREMENTS
You will not be entitled to use the Service, Website or Application for transaction purposes unless you first complete the process of registering as a "Consumer". If you intend to use the Service, Website or Application to rent or sell Equipment, you will also have to register as an "Owner" with the Service, Website or Application. By registering as a Consumer or Owner, you hereby acknowledge and agree that we are authorized to: (i) disclose information on your application for registration to other Users, which may include posting some or all of such information on the Application; and (ii) disclose such information to third parties as may be required to facilitate transactions between yourself and other Users.
You represent and warrant, and acknowledge that Anyquip is relying on the representations and warranties, that you will: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the "Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to AnyQuip, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to AnyQuip. AnyQuip may at any time and from time to time request further information as a condition of your continued use of the Application, including, without limitation, copies of documents and such other evidence as may be necessary to establish your age or verification regarding your qualifications, licenses, and/or permits.
AnyQuip is under no obligation to retain a record of your account or any Registration Data or other information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and must, at all times when using the Service, refrain from use of any false identities and from use of any false or misleading identification documents. If you are a corporate entity, you will be provided with the opportunity to create a list of authorized users that have the authority to act on the entity’s behalf. By nominating an authorized user or users, you hereby acknowledge and agree that the authorized users will act as agent for the corporate entity, having the implied and expressed authority to negotiate on behalf of and enter into legally binding agreements on behalf of the corporate entity. These authorized users must be officers and directors of the corporate entity and must review and sign off on these Terms and Conditions.
AnyQuip does not make any representations regarding, or otherwise confirm, any User’s purported identity or accuracy of such information. Although we may for transparency or fraud prevention purposes collect identification and other personal information, or undertake additional checks or investigations related thereto, Anyquip exercises no control over, nor does it endorse or make any attempts to investigate or otherwise verify any User, Registration Data or User Content (as defined below) at any time. All Registration Data and details and other information relating to Equipment and other goods or services available through the Service come directly from the Owners. Anyquip does not assume any liability for the accuracy, legality, completeness and/or timeliness of this information.
We strongly recommend that before entering into any transaction with another User, you perform any and all due diligence required to protect your financial interests, and specifically urge you to perform, or obtain professionals to perform, appropriate due diligence to verify the identity of Users with whom you intend to transact. Any information provided by Anyquip to you in relation to a particular User shall not constitute an endorsement, certification or guarantee of that User’s identity, trustworthiness, corporate status or financial viability.
By using the Application you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Anyquip with respect to such actions or omissions. For clarity no User shall be entitled to bring forward any legal action or claim against Anyquip for any reason whatsoever and this clause shall constitute a full and complete defence to any such claim so advanced. It is hereby acknowledged and agreed that Anyquip is not, and will not, be liable for any claim brought by a User relating to the Services, Website, Application or Equipment and such liability is forever disclaimed and released.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
4. ELIGIBILITY TO USE THE SERVICE
Subject to the terms, conditions and limitations set forth in these Terms and Conditions, AnyQuip grants you a non-exclusive, non-transferable and revocable license to use the Application on any computer or mobile device that you own or control. You may use the Service only if you are a resident of Canada or the United States, have reached the age of majority where you live and you have the ability to enter into legally binding contracts under applicable law. You may not use the Application if you live in a place where access to or use of the Application or any part of it may be prohibited by law. It is solely your responsibility to determine whether your use of this Application is permitted within your jurisdiction, and you must comply with all applicable laws.
Each User represents and warrants to AnyQuip that: (i) you have reached the age of majority where you live and have the capacity to enter into legally binding agreements; and (ii) if you are acting on behalf of an entity recognized by statute or common law with the ability to enter into contract (eg., a corporation, partnership or trust) you: (A) are authorized to bind such entity to these Terms and Conditions; and (B) the entity you represent and which is agreeing to be bound by these Terms and Conditions is duly formed and in good standing in each of the jurisdictions in which it transacts business.
You acknowledge that your use of the Service is entirely at your own risk. You acknowledge that you may be harmed and suffer loss by interacting and dealing with Users. Users are independent from AnyQuip and are not partners, agents, representatives or employees of AnyQuip or otherwise engaged in a joint venture with Anyquip. AnyQuip is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any User or any of its employees, independent contractors, representatives, agents, successors in title, assigns, carriers, operators, drivers, delivery personnel or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses of any kind, be such damages or expenses direct or indirect, resulting therefrom.
5. RENTAL AGREEMENTS
A Consumer can rent Equipment by contacting the Owner through the Application and concluding a rental agreement with the Owner.
Anyquip’s standard form of rental agreement (the "Rental Agreement"), as revised from time to time, may be used by you in connection with your use of the Service. Anyquip does not warrant, represent or in any way guarantee the appropriateness, applicability or suitability of the Rental Agreement for the Users’ rental purposes and strongly recommends that the Rental Agreement be fully reviewed via independent inspection of the Users (and their independent legal counsel if appropriate). The Users, at all times, are entitled to create and use their own written rental agreements provided that the payment terms adhere to and are in accordance with the Fee Schedule established by Anyquip and not modified (a "User Rental Agreement"). If, as Consumer or Owner, you do not enter into a User Rental Agreement or a Rental Agreement, you hereby agree and acknowledge that in addition to any other term or condition implied by law or equity, the terms and conditions of the Rental Confirmation (as defined below), the Application, the standard terms of the Rental Agreement, and these Terms and Conditions shall apply to any such agreement entered into with another User. Furthermore, you hereby acknowledge and agree that these Terms and Conditions shall be incorporated and shall be deemed to form part of any Rental Agreement and User Rental Agreement in all cases to the extent that these Terms and Conditions are applicable to a Rental inclusive of matters addressed under Section 8 "Fees and Payments" hereunder.
All obligations under the Rental Agreement and User Rental Agreement (including all payment obligations) and any other legal obligations binding upon you and arising out of your use of the Service, are obligations directly between the Consumer and Owner and are not made by and do not legally bind us. It is your responsibility to review the Rental Agreement and/or User Rental Agreement, as applicable, in advance to determine whether it is suitable for your purpose. The Rental Agreement is to be used at your own risk and expense. You acknowledge and agree that you may be required by an Owner to enter into one or more separate agreements, waivers or terms and conditions prior to renting Equipment and an Owner may place additional restrictions on your booking, product or service.
When you use the Service to transact a Rental, the Service will present you with a page confirming the details of the Rental (the "Rental Confirmation"). By clicking "I Agree" (or any other means of acceptance presented by the Service), you agree to the terms of that Rental and the Rental Confirmation becomes part of these Terms and Conditions.
The use of Equipment can be extremely dangerous to Users and the general public, and will likely require special skill, knowledge, preparation, certification, training and/or licensing to operate. Equipment purchased or rented through the Service may not come with parts, accessories, manuals or other items required to operate the Equipment in a safe manner. You are obligated to obtain any and all parts, accessories, manuals or other such items required to operate the Equipment in a safe manner, to always adhere to and abide by the operating, maintenance and repair procedures outlined in the Equipment manufacturer’s owner’s manual, and to adhere to and abide by all applicable bylaws, laws, enactments, legislation or rules imposed by any government, governing body or regulatory authority respecting the safe use of the Equipment. The use of Equipment (especially the careless or improper use of Equipment and/or use of the Equipment without appropriate personal protection equipment) poses a risk of causing serious bodily injury, partial and/or total disability, paralysis and/or death of Users and/or bystanders and causing damage to property and/or damage to Equipment. Each User acknowledges there are inherent risks, hazards and dangers involved in using Equipment. Always follow all manufacturer’s recommended maintenance and repair guidelines.
BY CONTINUING TO USE THE SERVICE, YOU: (i) ACKNOWLEDGE AND AGREE THAT THE USE OF EQUIPMENT IS DANGEROUS AND MAY POSE A RISK TO THE SAFETY OF YOURSELF AND OTHERS AND TO DAMAGE TO PROPERTY; (ii) REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE SKILL, KNOWLEDGE, PREPARATION, CERTIFICATION, TRAINING AND/OR LICENSING TO OPERATE THE EQUIPMENT SAFELY AND EFFECTIVELY OR THAT YOU WILL HIRE A THIRD PARTY PROFESSIONAL WITH THE REQUISITE QUALIFICATIONS AND KNOWLEDGE TO OPERATE THE EQUIPMENT SAFELY; AND (C) ASSUME FULL AND COMPLETE RESPONSIBILITY FOR, AND RELEASE ANYQUIP IN CONNECTION WITH, ALL LOSSES, COSTS, INJURIES AND DAMAGES THAT YOU OR OTHERS MAY INCUR AS A RESULT OF USING ANY EQUIPMENT.
AnyQuip does not qualify or verify Users’ experience, ability or knowledge in respect of Equipment in any way and does not educate Consumers on the safe handling and operation of Equipment or safety hazards inherent in using Equipment. It is the responsibility of each User to engage only in those activities involving the use of Equipment for which it has the prerequisite, skills, qualifications, preparation, certification, training and/or licensing. Compliance with all safety, legal and regulatory requirements in connection with any Rental or Sale transaction or the use of any Equipment is the sole responsibility of the User. Anyquip recommends that you only use the Equipment if you are a professional qualified to use such Equipment and if you are not, that you hire a third party professional, with appropriate insurance coverages, to operate such Equipment.
The Rental Agreement, or other separate waivers or agreements, are not a substitute for the advice of a lawyer and you are advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, provincial, state, and local law and their particular circumstances, and to revise such agreements as necessary.
6. SALE AGREEMENTS
A Consumer can purchase Equipment by contacting the Owner through the Application and concluding a sale agreement with the Owner.
Anyquip’s standard form of sale agreement (the "Sale Agreement"), as revised from time to time, may be used by you in connection with your use of the Service. Anyquip does not warrant, represent or in any way guarantee the appropriateness, applicability or suitability of the Sale Agreement for the Users’ purposes and strongly recommends that the Sale Agreement be fully reviewed via independent inspection of the Users (and their independent legal counsel if appropriate). The Users, at all times, are entitled to create and use their own written sale agreements provided that the payment terms adhere to and are in accordance with Fee Schedule established by Anyquip and not modified (a "User Sale Agreement"). If, as Consumer or Owner, you do not enter into a User Sale Agreement or a Sale Agreement, you hereby agree and acknowledge that in addition to any other term or condition implied by law or equity, the terms and conditions of the Sale Confirmation (as defined below), the Application, the standard terms of the Sale Agreement, and these Terms and Conditions shall apply to any such agreement entered into with another User. Furthermore, you hereby acknowledge and agree that these Terms and Conditions shall be incorporated and shall be deemed to form part of any Sale Agreement and User Sale Agreement in all cases to the extent that these Terms and Conditions are applicable to a Sale, inclusive of matters addressed under Section 7 "Fees and Payments" hereunder.
All obligations under the Sale Agreement and User Sale Agreement (including all payment obligations) and any other legal obligations binding upon you and arising out of your use of the Service, are obligations directly between the Consumer and Owner and are not made by and do not legally bind us. It is your responsibility to review the Sale Agreement and/or User Sale Agreement, as applicable, in advance to determine whether it is suitable for your purpose. The Sale Agreement is to be used at your own risk and expense. You acknowledge and agree that you may be required by an Owner to enter into one or more separate agreements, waivers or terms and conditions prior to purchasing Equipment and an Owner may place additional restrictions on your booking, product or service.
When you use the Service to transact a Sale, the Service will present you with a page confirming the details of the Sale (the "Sale Confirmation"). By clicking "I Agree" (or any other means of acceptance presented by the Service), you agree to the terms of that Sale and the Sale Confirmation becomes part of these Terms and Conditions.
7. OFFERING EQUIPMENT FOR RENT OR SALE
An Owner may offer Equipment for Rent or Sale through the Application. Unless otherwise agreed, the Owner must place an item in an appropriate category, describe it correctly with sufficient detail, and describe in detail any specific rental or sale terms, features and characteristics of the item. The Owner must state the price in the offer and specify any other price components or additional charges the Consumer will incur (including, without limitation, fuel, damage deposit, delivery, blade sharpening, etc.), as well as the total price to be paid when sales tax, if any, and mandatory fees charged by the Owner are added to the rental or purchase price, as applicable.
An Owner must ensure that their offer of goods or services for sale or rent complies with all applicable laws, including all applicable health and safety, tax, environmental and regulatory laws. The Website provides the Owner with the option of showing Equipment for rent or sale with images that can be uploaded when placing the item on the Application. Each Owner hereby represents and warrants that: (i) to the best of your knowledge and belief, all Equipment you offer for Rent or Sale is in good operating condition and in working order, free of any patent defects that would affect its safe operation under normal use; (ii) will not breach any agreements you have entered into with any third parties, including without limitation: loan, purchase and sale, and lease or sublease agreements; and (iii) by using any images on the Application, no third party rights are infringed, such as copyright or other intellectual property rights. An Owner must provide accurate and complete billing and delivery details. If billing or delivery details will change, the Owner must immediately update the information on the Website.
Users are encouraged to use properly completed and documented check-in and check-out inspections for all Rental and Sale transactions in order to avoid disputes. Photographic and other documentary evidence can be used to support or defend a claim against fuel surcharges, damage, vandalism, repair and other matters. For example, "before and after" time stamped photos may be taken with a clear narrative as to what the photo is showing (e.g. fuel tank, run times, etc.). If standard descriptions and grades are used, these should be clearly explained.
WE DO NOT ENDORSE, INVESTIGATE OR VERIFY ANY EQUIPMENT. AS A CONSUMER, YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION RELATING TO EQUIPMENT AND OTHER GOODS OR SERVICES AVAILABLE THROUGH THE SERVICE COME DIRECTLY FROM THE OWNERS. WE THEREFORE RECOMMEND THAT YOU ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN USING THE SERVICE OR ENTERING INTO A RENTAL AGREEMENT OR USER RENTAL AGREEMENT IN RESPECT OF EQUIPMENT. ANYQUIP DOES NOT CONTROL OR ASSUME ANY LIABILITY FOR THE ACCURACY, COMPLETENESS AND TIMELINESS OF THIS INFORMATION. ANYQUIP DOES NOT AND WILL NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR ITS ADEQUACY FOR THE USER’S PURPOSE OR OTHERWISE. ANYQUIP WILL HAVE NO LIABILITY OF ANY KIND, INCLUDING LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING FROM ANY PATENT, LATENT OR OTHER DEFECT IN THE EQUIPMENT, OR FOR ANY FUNDAMENTAL BREACH OR OTHER FAILURE OF PERFORMANCE, CAPACITY OR OPERATION OF THE EQUIPMENT.
8. FEES AND PAYMENTS
The Users acknowledge and agree that, notwithstanding their ability to enter into a User Sale Agreement or User Rental Agreement, the Fee Schedule and amount or timing of payment shall not be amended without written consent from Anyquip. Such consent may be unreasonably withheld.
Anyquip will collect the total transaction amount for Rental or Sale of Equipment from the Consumer. Each Consumer irrevocably directs Anyquip to remit any such payment to the Owner.
The total transaction amount shall consist of a fee for Rental of Equipment or a price for Sale of Equipment, and any additional fees or amounts which, in the Owner or Anyquip’s discretion, are applicable to a Rental or Sale, including, without limitation: (a) a security deposit; (b) cleaning or other fee payable on account of the services provided by the Owner to the Consumer, and/or (c) taxes that the Owner determines that it has to collect (together the “Total Transaction Amount”).
Each Owner understands that AnyQuip accepts payments from Consumers as the Owner’s limited payment collection agent. AnyQuip’s obligation to pay the Total Transaction Amount to the Owner is subject to and conditional upon successful receipt of the associated payments from the Users and deduction of other amounts, including the Service Fee, as described hereunder. As limited payment collection agent, you agree and acknowledge that Anyquip does not guarantee payments to Owners for amounts that have not been successfully received by Anyquip from a Consumer.
You agree to the fees and charges, terms of Sale and Rental (as applicable), payment and billing policies applicable to your use of the Service as stated in our Fee Schedule, a copy of which is located here (the "Fee Schedule"). AnyQuip reserves the right, in its sole discretion, to modify or amend the fees and charges, add new services for additional fees and charges, at any time. All fees and charges for your use of the Service are non-refundable, except as may be expressly stated in the Fee Schedule.
In exchange for providing the Service, AnyQuip shall be paid a service fee equal to a percentage of the total transaction amount in connection with the Rental or Sale of Equipment (the "Service Fee") at the rate set out on the Fee Schedule, as amended from time to time. AnyQuip may be required to charge goods and services tax, and other taxes, on Service Fees. The Service Fee and applicable taxes may be deducted from amounts paid by the Consumer.
The Total Transaction Amount in respect of any Rental or Sale transaction shall be paid to the Owner by AnyQuip upon completion of the rental or sale transaction only after funds are received by us, less: (a) the Service Fee plus applicable taxes; (b) any applicable fees and charges set out on the Fee Schedule plus applicable taxes; (c) chargebacks and chargeback costs relating to fuel, damage or other surcharges; and (d) any fees, penalties, costs or expenses in connection with assessments which card schemes or other financial institutions require us or you to pay. AnyQuip will remit payments due to an Owner hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received.
Owners and Consumers will need to assess the applicability of provincial and federal taxes (e.g. federal and provincial goods and services tax and income tax) on the goods or services you provide through the Service and for this reasons we recommend that Owners and Consumers obtain tax advice for assistance assessing tax issues applicable to a transaction for Equipment. It is important that Consumers are informed about the exact tax amount prior to booking. AnyQuip may provide general information regarding certain tax rates that may apply to Rental or Sale transactions in some areas. However, we are not familiar with your individual tax circumstances and do not provide tax advice. Any tax information provided by AnyQuip is intended as general information only and it shall not be reasonable for a User to rely on such general information in relation to any particular transaction the User enters into.
Each User understands and agrees that it is solely responsible for determining: (i) its applicable tax reporting requirements; and (ii) the taxes that should be included, charged or collected in any Sale or Rental transaction. Furthermore, as an Owner, your gross earnings may be subject to tax on income from a business or investment. You are solely responsible for remitting to the relevant authority any taxes included or received by you. You agree to indemnify and save harmless AnyQuip from any loss, damage or liability of kind arising in connection with your failure to collect, report or remit any taxes relating to your use of the Service or your breach of or failure to comply with any applicable tax laws.
When you rent or purchase Equipment or services ancillary to the provision of such equipment using the Service, you represent, warrant, and covenant that at the time of entering into the transaction and for the duration of a rental period (if applicable): (a) any tax payer and credit information you supply is true and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay the posted Rental fee or Sale price, as applicable, for the Equipment and services ancillary to provision of the Equipment, subject to the terms of any Rental Agreement, User Rental Agreement, or other agreement entered into directly between the Owner and Consumer. Posted rates may not include applicable taxes, fees, disbursements or other charges set out in the Fee Schedule. We may charge a Consumer’s credit card with a damage deposit in accordance with the Fee Schedule or as set out in the Application.
We may require Users to provide taxpayer information (including without limitation tax registration numbers) and you agree that we may disclose taxpayer information to other Users or use it in connection with completing a Rental or Sale transaction. To ensure proper payment, you are solely responsible to keep your account information up to date, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and fail to provide this information to us upon request, we reserve the right to withhold your payments payable or owing to you until such information has been provided to us.
Notwithstanding anything else in these Terms and Conditions, we reserve the right to reject or suspend the processing of any transaction where we, in our sole and unfettered discretion, reasonably believe that the transaction may be fraudulent, involves any criminal activity, may bring about harm, prejudice or damage to the other contracting party, Anyquip or a third party, or where we reasonably believe you to be in breach of these Terms and Conditions. We do not provide payment protection or guarantees. This means the Owner will bear the risk in the event that a transaction proves to be fraudulent or unauthorized. A User shall have no right of set-off in relation to any sums due to AnyQuip or any claims or liabilities the User has or claims to have against AnyQuip.
AnyQuip reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms and Conditions, or any amounts due as a result of a breach of these Terms and Conditions by you, pending AnyQuip's reasonable investigation of such breach. Any and all fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from future payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify AnyQuip in writing within thirty (30) days of any such payment; failure to so notify AnyQuip shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by AnyQuip. If, after conclusion of a Rental or Sale transaction, it is determined that there was an excess or shortfall in the amount of tax paid or collected by a User in connection with that transaction, you agree to return such excess or pay such shortfall to the appropriate User.
The Rental Agreement provides that Consumers must obtain appropriate and adequate insurance coverage prior to any Rental of Equipment and mandates that the Consumer shall maintain this insurance coverage until the expiry or earlier termination of such Rental Agreement. Each insurance policy obtained in connection with a Rental Agreement shall name "AnyQuip Inc." as an additional insured for General and Auto Liability coverage, for both completed and ongoing operations. Such insurance shall be provided by an insurer with an A.M. Best Rating of at least A-/VIII. At AnyQuip’s request, the Consumer will furnish AnyQuip with certificates of insurance or other evidence satisfactory to AnyQuip that insurance coverage as required by the Rental Agreement is in effect, provided that AnyQuip is under no duty to ascertain the existence of or examine the policy or policies.
Although Anyquip may recommend third party providers of insurance, Anyquip does not provide liability or conversion insurance protection for Owners or Consumers. Your contract with any such insurance provider is directly with them and you hereby acknowledge that Anyquip is not a party to such agreement. Users are solely responsible for obtaining insurance coverage sufficient to protect their Equipment, operators, third parties and work sites, as applicable.
Users should obtain appropriate insurance for the rental, sale or use of Equipment, including without limitation all risk, public liability, rental and conversion coverage to protect against risk and to protect their financial interests. Please review any insurance policy that you may have related to the rental, sale or use of Equipment carefully, and in particular ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including but not limited to, whether or not your insurance policy will cover rental, conversion, theft and the actions or inactions of Consumers (and the individuals employed or retained by the Consumers). Your insurance policy contains limitations and restrictions which vary and may affect your coverage and/or determine whether or not benefits will be payable.
AnyQuip may provide information regarding insurance coverage to Users from time to time. Any insurance information provided by AnyQuip is intended as general information only and does not constitute legal or insurance advice. As such, it would be unreasonable for you to act in reliance upon any such general information in a particular case. In all cases, you should speak to an insurance professional before acting.
10. ACCURACY OF INFORMATION
Users are solely responsible and liable for any and all loss, damage, or costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information on a timely basis. We rely on the information Users provide through the Application, including registration information (name and email address), payment information (credit card numbers and expiration dates), Equipment descriptions and transaction-related information, which must be true, accurate, current and complete in all respects. You hereby indemnify and save harmless Anyquip from and against any and all claims, demands, causes of action, judgments, losses, whether directly or indirectly connected to any information you provide through the Service.
11. SUSPENSION OR MODIFICATION
AnyQuip may terminate your access to the Service (including, but not limited to, the Application or any part thereof) at any time without prior written notice. AnyQuip will not be liable for the removal of or disabling of access to all or any portion or feature of the Service (including, but not limited to, the Application). We may establish rules or policies concerning use of the Application or parts thereof.
The User may terminate the User’s use of the Service at any time. However, termination of use will not relieve any User of any obligations relating to any Rental Agreement(s), User Rental Agreement(s), Sale Agreement(s) or User Sale Agreement(s) that the User is a party to.
AnyQuip may at any time and from time to time suspend or terminate a User’s access to the Service, the User’s accounts, and may remove or edit content or cancel orders in its sole discretion any reason or for no reason. AnyQuip may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in AnyQuip’s sole determination you violate any provision of these Terms and Conditions, or for no reason.
These Terms and Conditions will remain in force while the User uses the Services and will remain in force after participation in the Service terminates as permitted at law or in equity. In the event of termination as aforesaid, the license granted to you in these Terms and Conditions shall immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms and Conditions that by their nature should survive termination will survive any termination of these Terms and Conditions. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of AnyQuip and/or the third parties.
13. LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY
Except as otherwise expressly stated in these Terms and Conditions, AnyQuip, its subsidiaries, affiliates and each of their respective directors, officers, shareholders, employees, agents, representatives, contractors, suppliers and third party providers (collectively the “Third Parties”) make no representations or warranties of any kind, express or implied, regarding the Application, the Service and/or any Equipment, content, products or services provided on or through the Application or the Service. AnyQuip does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Application, or any of the content or data found on the Application, and expressly disclaims all warranties and conditions in respect of the Application, its content or data, and any Equipment, products or services offered for rent or sale on the Application, including any and all warranties, whether express or implied, at law or in equity.
By using the Service, you agree that any demand, cause of action, remedy or other form of redress shall be sought only against those Users or third parties who are responsible, at law, for your loss. For greater clarity, you agree not to attempt to impose liability on, or seek any legal remedy from AnyQuip with respect to such actions or omissions. If you have a dispute with one or more Users, you release us and the Third Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Services.
THE SERVICE IS INTENDED TO BE USED TO FACILITATE RENTALS AND SALES. ANYQUIP CANNOT AND DOES NOT CONTROL THE CONDUCT, ACTIONS OR INACTIONS OF ANY USER, THE CONDUCT, ACTIONS OR INACTIONS OF ANY THIRD PARTY RETAINED BY ANY USER (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RETAINED BY A USER TO OPERATE, DELIVER, TRANSPORT OR INSURE ANY EQUIPMENT OR OPERATOR), NOR DOES ANYQUIP CONTROL THE CONDITIONS OF ANY EQUIPMENT RENTED OR SOLD THROUGH THE SERVICE. ANYQUIP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL RENTALS, SALES AND USER CONTENT. ACCORDINGLY, ANY RENTAL OR SALE TRANSACTIONS MADE BY A USER, CONSUMER AND/OR OWNER’S WILL BE MADE AT THE USER, CONSUMER AND/OR OWNER’S OWN RISK.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS AND CONDITIONS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SERVICE WITH RESPECT TO THESE TERMS AND CONDITIONS OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SERVICE.
14. MAXIMUM LIABILITY
THE USERS HEREBY ACKNOWLEDGE AND AGREE THAT ANYQUIP IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO AS BETWEEN THE USERS RELATING TO SERVICES, WEBSITE, APPLICATION OR EQUIPMENT. THE USERS FURTHER AGREE THAT IN NO CASE WILL ANYQUIP OR ANY OF THE THIRD PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ECONOMIC LOSS, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SERVICE OR THE APPLICATION OR ITS CONTENT, THE OPERATION OF THE SERVICE OR THE APPLICATION OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SERVICE OR THE APPLICATION (INCLUDING, BUT NOT LIMITED TO THE INABILITY TO USE ANY COMPONENT OF THE APPLICATION FOR PURCHASES), OR ANY OF THE SERVICES OFFERED ON THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. FOR CERTAINLY, ANYQUIP WILL NOT BE LIABLE FOR ANY DELAY IN THE COMPLETION OF ANY WORK RESULTING FROM EQUIPMENT RENTED OR PURCHASED THROUGH THE SERVICE, APPLICATION OR WEBSITE. NOTWITHSTANDING THIS, IF ANYQUIP OR ANY OF THE THIRD PARTIES SHOULD BE FOUND LIABLE BY A COURT OF COMPETENT JURISDICTION FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE SERVICE, ANY OF THE FUNCTIONS OR USES OF THE APPLICATION OR ITS CONTENT, OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE, THE LIABILITY OF ANYQUIP AND THE THIRD PARTIES WILL IN NO EVENT EXCEED IN THE AGGREGATE TWO THOUSAND ($2,000.00) DOLLARS CDN.
15. NO WARRANTIES
Except as expressly provided in these Terms and Conditions, AnyQuip hereby disclaims any warranty of any kind with respect to the Equipment, Rentals, Sales and other products and services provided by or through the Service, whether such warranties are express, implied, statutory or otherwise, including warranties of form, fitness for a particular purpose, non-infringement, function or condition. AnyQuip makes no warranty that the Service will be uninterrupted or secure or that any defects or errors will be corrected. Use of the Service, and any Equipment rented or sold through the Service, is at your own risk, including with respect to safety, legal and regulatory compliance of any rentals. Each User warrants that it has not received and is not relying on any statement or warranties from AnyQuip regarding any Equipment or services of any User.
YOU WILL INDEMNIFY AND SAVE HARMLESS ANYQUIP AND THE THIRD PARTIES AND THEIR RESPECTIVE HEIRS, EXECUTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL FEES), DAMAGES, CAUSES OF ACTION, OBLIGATIONS, LIABILITIES, LOSSES AND COSTS OR DEBT ARISING OUT OF, OR ASSERTED IN CONNECTION WITH: (A) YOUR CONNECTION TO, ACCESS OR USE OF THE SERVICE OR ANY PART OF THE APPLICATION; (B) YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY RENTAL AGREEMENT; (C) ANY USE, RENTAL, PURCHASE, SALE OR BOOKING OF ANY EQUIPMENT BY YOU, INCLUDING, BUT NOT LIMITED TO ANY INJURIES, LOSSES, DAMAGES OR ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE USE, RENTAL, PURCHASE, SALE OR BOOKING OF ANY EQUIPMENT; (D) ANY OTHER PERSON OR ENTITY’S ACCESS OR USE OF THE SERVICE OR APPLICATION WITH YOUR USER LOGIN AND PASSWORD; (E) YOUR INTERACTION WITH ANY USER; (F) ANY CLAIM OR DAMAGE ARISING AS A RESULT OF YOUR USER CONTENT OR ANY THAT IS SUBMITTED VIA YOUR ACCOUNT; (G) YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF CANADA OR ANY OTHER COUNTRY; AND/OR (H) ANY VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY.
You agree that your use of the Service and entering into any agreements with other Users shall be at your own risk. The Service is provided on an "as is" and "as available" basis for your use. To the fullest extent permitted by law, we expressly disclaim all, and make no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Service including, but not limited to, implied warranties of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. We do not warrant that any errors or defects in the Application will be corrected, and do not assume responsibility for the conduct of any Users of the Application, whether online or offline
18. RULES OF USE
Each User is solely responsible for all User Content and compliance with any and all laws, rules and regulations that may apply to its use of the Service. In connection with such use, you agree not to do any of the following and not to advocate, encourage, or assist any third party in doing any of the following: (a) use manual or automated software, devices, scripts robots, offline readers, crawlers or other means or processes to access, "scrape," "crawl" or "spider" or other such devices or technologies to access the Service (except that AnyQuip grants operators of public search engines a revocable right to use spiders to copy material for the sole purpose of making publicly available search indices); (b) exploit, copy or use any component of the Service for any commercial purpose other than as provided in these Terms and Conditions; (c) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights or compromise any person or entity’s contact or financial information; (d) interrupt, tamper with, or otherwise interfere with or damage the Service, or any computer software, hardware, servers or networks connected to the Service, or telecommunications equipment, including without limitation, the use of viruses, bots, Trojan horses, worms, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or similarly harmful software agents; (e) post any Equipment you do not yourself own or have permission to rent or sell or that may not be rented or sold pursuant to the terms and conditions of an agreement with a third party; (f) register for an account with us on behalf of another individual or entity, other than one for which you are authorized or impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or attempting to hide your identity; (g) post any User Content that may constitute or contribute to any unlawful purpose; (h) promote any illegal activity or criminal enterprise; (i) violate any municipal, provincial, federal, county, state, national, or other law or regulation, zoning restrictions or tax regulations; (j) post any false or misleading information, including price information that you do not intend to honour; (k) abuse, stalk, defame, threaten, harass, or invade the privacy of any other User, encourage or act in any unlawful, vulgar, profane, defamatory, violent, obscene, hateful or ethically objectionable way, in AnyQuip’ s sole discretion; (l) provide in any post, a discriminatory preference based on race, color, sex or national origin, religion, familial status or handicap; (m) use the Service to identify a Consumer or Owner and then complete the transaction offline or otherwise recruit or solicit any User to join a third party service or website that is competitive in any way to the Service or AnyQuip; (n) modify, edit, copy, use, display, rent, lease, loan, sell, distribute, create derivative works of, mirror, reproduce, transmit, publicly display, publicly perform, adapt, publish, reverse engineer, reverse assemble, or frame any aspect of the Service or any of AnyQuip’ s trademarks, trade dress, design marks or other proprietary information, including without limitation, the layout and design of any page included in the Service, AnyQuip’ s source code or otherwise transfer any right or interest in the Service, without AnyQuip’ s express written consent; or (o) circumvent any technological security measure implemented by AnyQuip.
19. ADVERTISEMENTS AND PROMOTIONS
AnyQuip may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. AnyQuip is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-AnyQuip advertisers or third-party information accessible via the Service.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor or assist in disputes between you and other Users. AnyQuip shall have no liability for your interactions with other Users, or for any Users action or inaction, with respect to Rentals or the Service. Instead, the Service allows Consumers and Owners to transact Rentals directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth or accuracy of Rentals, User Content, or other services or transactions available via the Service.
If any dispute arises between you and AnyQuip, you agree to contact us at info@AnyQuip.com and attempt to resolve the dispute informally prior to commencing any legal proceedings against AnyQuip. If you and AnyQuip are unable to resolve the dispute informally, you irrevocably agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the Application (collectively, "Disputes") will be settled exclusively in accordance with Section 32 herein.
21. ADDITIONAL TERMS OF SERVICE
AnyQuip reserves the right to use third party providers of services to enable Users to book and/or pay for the Services. In addition to being bound by these Terms and Conditions, Users who use any tool provided by us or a third party provider on our Application enabling Users to book and/or pay for the Rental or Sale of Equipment are also subject to the additional terms and conditions and privacy policies of such third party providers.
The Application may contain links to websites owned or operated by other entities which are not associated or affiliated with AnyQuip or the third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by AnyQuip or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. AnyQuip and the third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Application or any of its content in any form and by any method is strictly prohibited.
Linking to any other website is at your sole risk and AnyQuip will not be responsible or liable for any damages in connection with such linking. In addition, AnyQuip does not endorse or approve of any websites linked from or to Application, except for other websites operated by AnyQuip. You may not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Application, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of AnyQuip.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.
AnyQuip and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
AnyQuip and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Application or your downloading of any materials, data, text, images, video or audio from the Application.
24. OWNERSHIP OF ANYQUIP INTELLECTUAL PROPERTY
The Application, its design, all text, graphics, content, video, audio and the selection and arrangement of the Application are the property of AnyQuip, and/or its Third Parties, and are protected under the copyright laws of Canada and other countries. None of the content found on Application may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of AnyQuip or the applicable Third Parties. AnyQuip, the Application, and all other related trademarks and design marks displayed on the Application (collectively, the "Trademarks") are registered and common law trademarks of AnyQuip. Other trademarks and design marks appearing on the Application are trademarks of their respective owners. Nothing contained on the Application should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of AnyQuip or the other party that may own the applicable trademarks.
All content included on the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AnyQuip or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the Application is the exclusive property of AnyQuip and protected by Canadian and international copyright laws. All software used on the Application is the property of AnyQuip or its software suppliers and protected by Canadian and international copyright laws.
No part of the Application nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of AnyQuip, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Website. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information from the Website for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Website.
You are prohibited from contributing, posting or transmitting to this Application any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We have limited control over the nature and content of information and chat transmitted or received by you or other users of AnyQuip. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another User please contact us via the Website. AnyQuip reserves the right (but not the obligation) to remove or edit such content. In its sole discretion, in addition to any other rights or remedies available to AnyQuip and without any liability whatsoever, AnyQuip at any time and without notice may terminate or restrict your access to any component of the Application.
25. USER CONTENT
You will be permitted, in our sole discretion, to post, upload, publish, submit or transmit content including without limitation User reviews ("User Content") to the Application. No advice or information, whether oral or written, obtained by you from AnyQuip will create any express warranty. We do not represent or warrant that any of the User Content or materials presented on the Application are appropriate or available for use in any locations or jurisdictions. If you access the Application from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. We shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within the Application. AnyQuip claims no ownership rights or interest in your User Content. With the exception of payment information, by providing the User Content through the Application, you hereby grant to AnyQuip a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, modify, syndicate, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, make derivative works of and otherwise exploit such User Content on, through, or by means of the Application or through any other channel in any format.
AnyQuip has no control over User Content. Accordingly, we do not assume any liability for any User Content published by you or any other User of the Application, or for any action, you take in reliance on the User Content published by any other User, including without limitation information contained in any Application post. AnyQuip assumes no responsibility for any User’s compliance with any law, rule or regulation with respect to such User Content. Accordingly, you agree: you are solely responsible for all User Content that you make available through the Application and the consequences of posting or publishing it, including photographs taken by AnyQuip for your use; all User Content you provide will be accurate; you will maintain and update all User Content; AnyQuip does not screen any Content, but in its sole discretion, will have the right to do so and to remove any Content that violates these Terms and Conditions or is otherwise objectionable in its sole discretion; that the technical process and transmission of the Application, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and AnyQuip does not have any control over the conduct of hosts, guests or other Users of the Application.
Additionally, you represent and warrant that: you either are the sole and exclusive owner of all User Content or you have all necessary rights to grant AnyQuip the rights you agree to so grant herein with respect to such User Content; your User Content will not violate any law or the intellectual property rights of any other party; all of your User Content is truthful and accurate and in compliance with all laws of the local, municipal, provincial, state and federal jurisdictions; and no posting you provide on the Application will breach any agreement or conflict with the rights of any third party.
AnyQuip welcomes Users of the Application to provide AnyQuip with feedback by email or otherwise ("Customer Feedback"). If you provide Customer Feedback you grant AnyQuip a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Feedback throughout the world in any media, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person. You also grant AnyQuip the right to use the name you submit with the Customer Feedback, if any, in connection with AnyQuip’s rights set out in this section.
27. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms and Conditions or any law or regulation. You agree that we may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.
28. GENERAL PROVISIONS
These Terms and Conditions, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by us without restriction. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions. The relationship between AnyQuip and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Application. These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
29. GOVERNING LAWS, JURISDICTION
These Terms and Conditions will be governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable in that Province.
30. ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire and exclusive agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by AnyQuip as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions. AnyQuip may modify these Terms and Conditions from time to time in its sole discretion and any such modifications will be binding upon each user and will act to modify any agreement effective as of the first day after the date of such modification.
31. ARBITRATION AND MEDIATION
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to these Terms and Conditions, including those relating to its validity, its construction, or its enforceability, or to the use of the Services or use of the Website or Application (collectively "Disputes") shall be settled by binding arbitration. You acknowledge and agree that you and Anyquip are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding in any jurisdiction. Further, unless Anyquip agrees in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
The arbitration shall be conducted in accordance with the Arbitration Act, RSA 2000, c A-43, as amended from time to time.
32. ELECTRONIC COMMUNICATIONS AND NOTICES
When you visit the Application or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions will be given in writing by Anyquip via e-mail or by posting notices on the Website. 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.
Any notice or communication by you to Anyquip must be directed to Anyquip’s mailing address or email address as set out hereunder.
33. BUSINESS NAME AND BUSINESS OWNERSHIP
The legal business name of AnyQuip is AnyQuip Inc. Please direct enquiries to AnyQuip’s mailing address at 100, 1410 1 St SW, Calgary AB, or by telephone at 403 454-6900 or e-mail info@AnyQuip.com
34. ENGLISH LANGUAGE
The parties have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.