CHORE TOOLS TERMS AND CONDITIONS
This Terms and Conditions ("Agreement') is between NAYALOF, LLC hereinafter referred to as CHORE TOOLS and the user identified at login / registration on the CHORE TOOLS Mobile App ("User"). CHORE TOOLS will enable the User to receive the tool(s) identified at “Checkout” on the CHORE TOOLS Mobile App (the "Tools") "as is” and in good working condition for the time ("Rental Period") and rental subtotal price identified at “Checkout” on the CHORE TOOLS Mobile App ("Rental Price"). The “Tools” will be provided by the provider identified on the CHORE TOOLS Mobile App ("Provider"). User agrees to return the Tools prior to the expiration of the Rental Period to the “Provider”, or to pay the additional rental fees described in Section 2 (RENTAL EXTENSION) of this Agreement.
CHORE TOOLS allow consumers who subscribe to be a member of CHORE TOOLS (collectively, the "Users") to lease tools from tool owner or service provider (collectively, a "Provider"). As a Provider, on behalf and as representative of a Provider ("You" or "Company"), You are permitted to use the web site (www.CHORETOOLS.com) (the "Website") and the information contained therein subject to the terms and conditions contained in this Terms and Conditions, which may be modified, amended or replaced by CHORE TOOLS from time to time at CHORE TOOLS sole discretion (collectively, the "Agreement"). Such modifications will become effective immediately upon the posting thereof.
In consideration of CHORE TOOLS granting the User access to its Website and the information contained therein, and in order to use the Website, you must read and accept all the Terms and Conditions in, and linked to, this Agreement. It is the User's responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE USER ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. PAYMENT. User shall submit payment method identified on the checkout page of the CHORE TOOLS mobile app, without any offsets, in full at the time of rental using a payment card approved by CHORE TOOLS (“User Card"). User shall pay the Rental Price, without any offsets, in full at the time of checkout using a User Card. User must notify CHORE TOOLS in writing of any disputed amounts, including credit card charges, within two (2) days after the receipt of CHORE TOOLS rental contract/invoice, or User shall be deemed to have irrevocably waived its right to dispute such amounts.
2. RENTAL EXTENSION. To extend a Rental Period, User will be prompted to extend before the expiration of a current rental. If user opts to extend, the original contract terms will remain in effect. The modified rate based on the new rental term will be applied to the card on file. Tool extension must be requested at least 15 minutes before the rental period elapse.
Should User fail to timely return the Tools at the conclusion of the Rental Period and/or fail to return the Tools in as good order and condition as when received, the User shall be in default. If the Tool is not returned prior to expiration of the Rental Period, User will incur and be charged at the rate it would have cost to extend the rental. This rate will apply until the equipment rented is returned or until the user has accumulated enough charges that equals the market value of the equipment rented, or whichever occurs first. As of the 5th day after the Rental Period expires, CHORE TOOLS may take such steps as permitted by law to secure return of the Tools and/or the reasonable value of the Tools based on the condition of the Tools at the beginning of the Rental Period. In such event, User shall reimburse CHORE TOOLS for all costs incurred including, without limitation, reasonable attorney fees. USER EXPRESSLY AGREES AND HEREBY AUTHORIZES CHORE TOOLS TO CHARGE TO THE USER CARD ALL AMOUNTS INDICATED ABOVE, AND ALL CHARGES SUBSEQUENTLY INCURRED BY USER UNDER OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE TOOLS, EXTENSION OF THE RENTAL PERIOD, REPAIR COSTS, AND ANY CHARGES INCURRED FOR FAILURE TO TIMELY RETURN THE TOOLS, INCLUDING ANY ADDITIONAL RENTAL FEES AND/OR TOOLS REPLACEMENT FEES, NOT TO EXCEED $100,000.
User agrees that a service charge of 2% per month, or the maximum rate permitted by law, shall be assessed on all delinquent accounts, until paid in full. Future rentals will be postponed until User's account is paid in full. If User's payment towards the account is returned, denied, or otherwise unable to be processed, the balance due may be sent to a 3rd party collection agency on the 31st day after the Rental Period expires. USER HEREBY AGREES THAT USER IS NOT ENTITLED TO NOTICE OF DEFAULT OR NOTICE OF ANY ACTION OF ENFORCEMENT BY CHORE TOOLS OTHER THAN WHAT IS EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. Should CHORE TOOLS fail to meet any of its obligations under this Agreement, User's only remedy is repair or replacement of deficient Tools or to receive, at CHORE TOOLS's option, a rental charge adjustment.
3. PERMITTED USE. User shall (a) maintain possession of the Tools during the Rental Period and shall not sublease or transfer the Tools or this Agreement; (b) keep the Tools free and clear of all liens, charges and encumbrances; (c) use the Tools only for its customary purpose and immediately discontinue use of the Tools if it becomes unsafe and/or in a state of disrepair; (d) use the Tools in compliance with all applicable laws and regulations; and (e) return the Tools to the provider identified on the CHORE TOOLS Mobile App ("Provider") in as good order and condition as when received.
4. PROHIBITED USE. User shall not (a) alter or cover up any decal or insignia on the Tools or remove any operational or safety instruction; (b) use the Tools in a negligent, illegal, unauthorized or abusive manner, or in any publication (print, audiovisual or electronic); or (c) remove or utilize the Tools outside of the United States.
5. MAINTENANCE. During the Rental Period, User agrees to maintain proper fuel, oil and/or lubrication levels in the Tools, if applicable. User further agrees to perform routine maintenance on the Tools, including routine inspections and maintenance of leaks, cooling system, water, batteries, cutting edges, and cleaning in accordance with the manufacturer's specifications. All other maintenance or repairs may only be performed by the provider identified on the CHORE TOOLS Mobile App ("Provider") or credible repair centers.
6. PROVIDER AUTHORITY. By adding or listing tools on the CHORE TOOLS Mobile APP, the provider is stating that the provider owns the listed tool and / or has the authority to operate or lease the tool in question. The Provider also agrees to release CHORE TOOLS from any damages to, or replacement cost of, the listed tool.
7. USER LIABILITY. DURING THE RENTAL PERIOD, USER ASSUMES ALL RISKS ASSOCIATED WITH AND FULL RESPONSIBILITY FOR THE POSSESSION, CUSTODY AND OPERATION OF THE TOOLS, INCLUDING, BUT NOT LIMITED TO, RENTAL CHARGES, USER TRANSPORT, LOADING AND UNLOADING, PROPERTY DAMAGES AND DESTRUCTION, LOSSES, PERSONAL INJURY, AND DEATH. USER EXPRESSLY ASSUMES ALL RISK OF DAMAGE TO THE TOOLS.
8. NO WARRANTIES. CHORE TOOLS does not design or manufacture the Tools and is not the agent of the manufacturer or any other supplier of the Tools. CHORE TOOLS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TOOLS, ITS DURABILITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. User acknowledge(s) acceptance of the Tools "as is" and on a "where is" basis, with "all faults" and without any recourse whatsoever against CHORE TOOLS.
9. INSURANCE. CHORE TOOLS do not insure tools or heavy equipment listed on this app or website or any of its platforms against theft. Providers are advised to insure their tools and contact their insurance companies to ensure their current insurance on tool extends to users. Chore Tools will make all efforts to ensure leased tools returned in damaged condition are repaired by contacting user. If repair is not made within 72 hours of notification, user credit card on file will be charged for repair.
10. RELEASE, INDEMNIFICATION AND WAIVER OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, USER INDEMNIFIES, RELEASES, WAIVES AND HOLDS CHORE TOOLS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES), LIABILITIES AND DAMAGES (INCLUDING PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES) IN ANY WAY CONNECTED WITH THE TOOLS, ITS OPERATION OR USE, THE PROVIDER, OR ANY DEFECT OR FAILURE THEREOF OR A BREACH OF CHORE TOOLS'S OBLIGATIONS HEREIN. USER'S INDEMNITY OBLIGATION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. IF ANY PART OF THIS SECTION IS DETERMINED INVALID BY A COURT OF COMPETENT JURISDICTION, USER AGREES THAT THIS CLAUSE SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT USER'S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY
11. REPAIR / REPLACEMENT COST. User agrees that an estimated "Repair Cost" shall be charged for Tools that are returned with damage due to abuse, misuse, neglect, intentional acts, and/or failure to follow the proper use and care instructions for the Tools. The Repair Cost shall not exceed the fair market value of the tool. User agrees that a "Replacement Cost" shall be charged for Tools that are lost or stolen. Replacement cost will be determined by the provider based on what is required to replace the tool as it was at the start of the rental. User acknowledges and agrees to pay the Repair / Replacement Cost and authorizes CHORE TOOLS to charge the Repair / Replacement Cost to the User Card.
12. TERMINATION OF SERVICE. CHORE TOOLS may suspend, restrict or terminate user’s use of the Services or any portion thereof if the user breaches or fails to comply with any of the Terms and Conditions of this Agreement.
13. USER CONTENT. Although CHORE TOOLS does not claim ownership of any user Content or other communications or materials submitted by or given by the user to CHORE TOOLS, by providing user Content for the Website or other mediums, the user automatically grants to CHORE TOOLS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such user Consent and to prepare derivative works of, or incorporate into other works, such user Content, user Review, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing CHORE TOOLS with user Content, the provider automatically grants CHORE TOOLS all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of user Content on the Website or in any other medium by any other party. No compensation will be paid with respect to CHORE TOOLS use of user Content including user Reviews. CHORE TOOLS is under no obligation to post or use any of user Content or maintain user Content. CHORE TOOLS may remove user Content at any time in CHORE TOOLS sole discretion.
14. INFORMATION UPDATE. The provider has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company's description, product description, and profile information.
15. PROPER USE OF WEBSITE. The User agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy CHORE TOOLS, any Member Content, any Member profiles, Provider Content or any other content contained on the Website or any other publication of CHORE TOOLS. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the mobile app.
16. NOTICES. CHORE TOOLS may elect to send any notices to User by any means determined by CHORE TOOLS. In particular, if User has provided CHORE TOOLS with an email address, CHORE TOOLS may send notices to User by email and such email notice by CHORE TOOLS shall be valid notice for purposes of this Agreement. Other form of notifications may include in-app generated notifications.
17. BOOKING / CANCELLATION POLICIES.
User: May only cancel before start of the rental time period as determined at checkout on the CHORE TOOLS mobile app. Fees will be incurred if cancellation is less than one day prior to start of specified rental time. The only exception will be for same day rentals per the provision outlined below.
Provider: Must accept the rental before the rental is scheduled. The provider then may cancel the transaction (with full refund to the user) without penalty up until 1 day prior to the rental.
18. SAME DAY RENTAL EXCEPTION. If user books a rental to start within 24 hours of the booking time, the user may cancel without penalty only if the provider has not yet accepted/confirmed the rental request. This exception is to allow the user to find another tool in the needed time frame, if the provider is not responsive for any reason.
19. COMMUNICATION. The user acknowledges that CHORE TOOLS will use the telephone numbers, and email addresses that are submitted to CHORE TOOLS in connection with registering with CHORE TOOLS to contact the user with information regarding CHORE TOOLS.
20. DAMAGES LIABILITY. TO THE EXTENT CHORE TOOLS IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, CHORE TOOLS'S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
The user agrees to indemnify and hold CHORE TOOLS and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives, tool providers, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the user’s use of CHORE TOOLS.
21. AGREEMENT JURISDICTION. This Agreement and the relationship between the user and CHORE TOOLS will be governed by the internal laws of the State of Maryland, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the user may be located or any other jurisdiction. The user agrees and consents to the exclusive jurisdiction of the state or federal courts located in Greenbelt, Maryland and waives any defense of lack of personal jurisdiction or improper venue or forum non convenience to a claim brought in such court, except that CHORE TOOLS may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within three (3) months after such claim or cause of action arose or will forever be barred.
22. FUTURE MODIFICATIONS. CHORE TOOLS may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website or the app’s Terms and Conditions. CHORE TOOLS will make note of the date of the last update to the Agreement on the first page of this Agreement. Our Providers and Users are responsible for reviewing these terms and conditions regularly. Their continued use of the Services after such modifications will be deemed to be their conclusive acceptance of all modifications to this Agreement.
23. LEGAL FEES. The user agrees that CHORE TOOLS shall be entitled to payment from the user for any and all out-of-pocket costs, including, without limitation, attorneys' fees, incurred by CHORE TOOLS in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.