Welcome to Getable, Inc. (“Getable,” “we,” or “us”). The Getable service available through our website located at www.getable.com (the “Website”), is an online platform that allows users to list, offer for rent, and rent the heavy equipment of other users (the “Service”). By using the Service, you agree to and are subject to the following terms and the conditions for the Service (the “Terms”). If you do not fully agree to these Terms you are not authorized to access or otherwise use our Service.
1. SERVICE AS A VENUE ONLY
We urge 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 heavy equipment who advertise on the Service (each a “Supplier”) to offer for rent in a variety of pricing formats, their heavy equipment rental property to potential renters (each, a “Renter”) and, collectively with a Supplier, the “Users”). Renters can search or browse the Service for specific listings. Unless otherwise stated, we do not own or manage, nor can we contract for, any piece of property listed on the Service. Our Service may allow users to communicate with each other and enter into rental agreements or other transactions.
2. ADDITIONAL TERMS
Before you use the Service, you must read and accept all of the terms in, and linked to, these Terms. By accepting these Terms, you agree that these Terms will apply whenever you use the Service, or other Getable services or applications, or when you use the tools that are made available to interact with the Service and services. Some Getable services, applications and tools may have additional or other terms, agreements or policies that govern their ability and use. Your use of and access to such services, applications and tools are subject to any and all terms, agreements or policies applicable to them.
3. LISTING CONDITIONS
By listing an item on the Service, you agree to pay Getable’s fees in accordance with Section 6 below, to assume for responsibility for the content of the listing and the item offered, and to accept the following listing conditions: When you list an item on the Service, your listing will be posted on the Service and can be viewed by other Users. Your listing may not be immediately searchable by keyword or category for several hours, so Getable cannot guarantee exact listing conditions. Getable reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors, including, but not limited to, listing format, title, end time, keywords, price, feedback and detailed seller ratings.
4. RENTAL CONDITIONS
You are responsible for reading the full item listing, including any instructions the Supplier provides, before making any other commitment to rent the listed item. If you make a commitment to rent an item, you enter into a legally binding contract with Getable and the Supplier and are obligated to rent the item on terms detailed here.
5. FEES AND SERVICES
Renters are not charged a fee to use the Service. They do however have to pay Getable the full rental fee with a major credit card. The Renter is not responsible to make any payments to the Supplier. All information that you provide to us, or our third party payment processor Stripe, must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you with credit card at the prices in effect when such charges are incurred. Verification of information applicable to a purchase may be required prior to our acceptance of any order. YOU ALSO REPRESENT AND WARRANT THAT THE CREDIT CARD USED FOR THE RENTAL WILL BE VALID AND HAVE SUFFICIENT FUNDS TO COVER THE RENTAL AT THE END OF THE RENTAL TERM.
Unless otherwise noted, except for all User Content, all text, content and documents on the Service, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Service, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Service (the “Content”) are owned by Getable (or its affiliates) or used with permission or under license from a third party (each an “Content Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Getable and you, all right, title and interest in and to the Content will at all times remain with Getable and/or the Content Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Service, are registered and/or common law trade names, trademarks or service marks of Getable or the applicable Content Owner.
7. USE AND RESTRICTIONS
You are permitted to use the Service, and/or the Content on the Service for lawful purposes as provided in these Terms only. Getable grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Service and Content, without right to sublicense, under the following conditions: while using Getable’s Service, services, applications, Content, and tools, you shall not, without Getable’s express written consent:
Getable reserves all other rights. Except as expressly provided herein, nothing on the Service shall be construed as conferring any license under Getable’s and/or its Content Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Getable may revoke any of the foregoing rights and/or your access to the Service, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
8. USER INFO
You agree that, with respect to other users’ information that you may obtain directly or indirectly through the Service, you will not use such information for any purpose other than to inquire about or otherwise facilitate a rental transaction between you and the other user. Any other purpose will require express permission of the user. You may not use any such information for any unlawful purpose or with any unlawful intent. You shall not add any User’s contact information to your mailing list without the User’s expression consent.
9. NO ARCHIVE
Notwithstanding anything contained herein, the functionality provided to you by the Service and Getable’s systems, networks and servers are not an archive and Getable shall have no liability to you or any other person for loss, damage, or destruction to your User Content or any other information submitted to or via the Service. You shall be solely responsible for (i) uploading your User Content, (ii) preventing any loss or damage to your User Content, and (iii) maintaining independent archival and backup copies of any User Content.
11. UNITED STATES ONLY
By using the Service, you agree and acknowledge that it is hosted in the United States. If you are attempting to access the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Service, which is governed by U.S. law, these Terms you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to your use of the Service, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California. Any claim or dispute between you and Getable that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE SERVICE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN GETABLE HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GETABLE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, GETABLE DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. GETABLE RESERVES THE RIGHT TO CHANGE ANY PART OF THE SERVICE AT ANYTIME WITHOUT NOTICE.
13. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER GETABLE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SERVICE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF GETABLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST GETABLE AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GETABLE AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
You hereby agree to defend, indemnify and hold harmless Getable, 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 attorney fees) arising from: (a) the copying and storage of any User Content on Getable’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 these Terms, (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 these Terms and your use of the Service.
16. DIGITAL MILLENNIUM COPYRIGHT ACT
Getable is committed to respecting and protecting the legal rights of copyright owners. As such, Getable adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe infringements upon your intellectual property rights is taking place on or through the Service, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (i) be provided to Getable’s designated agent, ("Copyright Agent"), as set forth below, and (ii) include the following:
Getable’s Copyright Agent to receive DMCA Takedown Notices is: email: [legal@Getable.com]. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable Renter service links posted on the Service. You acknowledge that for Getable to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Getable without restriction.
18. CHANGES TO THESE TERMS
19. NOTICES AND AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE
Your affirmative act of using the Service constitutes your electronic signature to these Terms and your consent to enter into agreements with Getable electronically. You also agree that Getable may send any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, "Notices") in electronic form to: (1) the e-mail address that you provide during purchase, or (2) by posting the Notice on the Service. The delivery of any Notice is effective when sent by Getable, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Account. You must give notice to us in writing via email to cancel@Getable.com or as otherwise expressly provided.
Getable may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end in such case, and any data you have stored on the Service, including any User Content or any information related to Activities in which you have participated may be unavailable later, unless Getable is required to retain it by law. YOU AGREE THAT GETABLE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations on liability that favor Getable will survive the expiration or termination of these Terms for any reason.
Getable’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.