Quiptu.com, Inc., a Delaware corporation (“Quiptu”) operates the website located at www.quiptu.com and associated mobile application(s) (“collectively, the “Website”). Any services and functionalities offered to users through the Website may collectively be referred to as “Services” herein.
Within this policy, “you” or “User” means a user of the Website, and “we”, “us”, “our” refers to Quiptu.
2. Updates and Amendments. We may revise and update this policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, when we provide notice to you of such changes. Such changes apply to all access to and use of the Website thereafter, and your continued use of the Website means that you accept and agree to the changes. You should regularly check this policy to view the then-current terms. You are also subject to any additional posted policies and rules related to specific Services and features which may be presented to you at the time of accessing and/or using such Services or features.
3. Your Account.
3.1. Users may be required to make an account to use certain Services (each, an “Account”). The Account must be in the legal name of an individual or a business, and each individual or business may have only one Account. All Users must provide true, accurate, current, and complete information when creating an Account, and all Users agree to promptly update Account information in the event it changes. You are solely responsible for maintaining the confidentiality of any password you choose; you should not provide your Account information to any other person and your Account may be used only by you personally. You are fully responsible for all activities that occur under Account. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security, and you agree to logout of your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. We may allow you to create an Account through a third-party social media site through an application programming interface or similar method; you represent that you are entitled to use any social media account that you may utilize for such purposes, and that your relationship with such third-party service remains governed by such third-party service.
of the business. The Account holder in each case shall be the individual or business under whose name the Account is created, and the Account holder in each case shall be responsible for any activity that occurs through that Account.
4. Services and Disclaimers.
4.1. The Services facilitate connections between Users who desire to rent certain equipment (such Users, “Renters”) and Users who own such equipment and desire to provide such equipment for rental to others (such Users, “Owners”). You acknowledge that Quiptu’s services are limited to facilitating a connection between a Renter and Owner, and under certain circumstances, the processing and escrowing of a payment associated with item(s) being rented. Quiptu is not the owner, offeror, or leasing agent of any equipment offered under the Website; all such equipment is offered solely by other Users.
4.2. If you are using the Services as an Owner, you represent and warrant that you own the items being offered for rental or otherwise have the necessary rights to offer such items for rental. You agree to accurate list and describe all items you list as available for rental on the Website, including any damage or imperfection to such items and the effect of the same on general usability of the items.
4.3. Owners are solely responsible for any and all liability which results or is alleged by a Renter related to the use of equipment rented through the Website, including, but not limited to, property damage and personal injury, including serious injury and death, and Owners hereby agree to indemnify Quiptu in all respects related to the same. As between Quiptu and Renters, Renters are solely responsible for any claims brought by third parties related to a Renter’s use of equipment rented through the Website, including property damage and personal injury, including serious injury or death.
4.4. Except as expressly provided herein, Quiptu is not responsible for damage incurred to equipment rented. Further, Quiptu is not and shall not be construed to be an insurance provider as to any equipment. Quiptu strongly recommends that Owners obtain appropriate insurance related to (i) the protection of Owner’s equipment and (ii) any injuries to person or property resulting from the rental of the equipment to third parties.
4.5. A Renter who uses their Account to rent equipment through the Website is the only party authorized to use such equipment. If a Renter rents equipment through the Website and allows a third party to use such equipment in violation of this policy, Renter is solely responsible and liable for any actions of such third parties as if such actions were taken by Renter, and Renter shall indemnify and hold Quiptu harmless in all respects from any claims which may be brought by third parties using the equipment without authorization.
4.6. You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Website. We reserve the right, but do not have the obligation, to intercede in any disputes between Users. You agree that we are not responsible for any liability incurred as the result of your interactions with other Users. If Quiptu so requests, you agree to cooperate with Quiptu in good faith regarding any questions relating to a dispute, and regarding rental of equipment and any damages thereto.
5. Rental Terms.
5.1. It is the intent of Quiptu that equipment is rented locally. Quiptu will not arrange nor be responsible for transportation of any rented equipment. Renter and Owner are solely responsible for arranging delivery and transportation of equipment to the other party. Owners may provide an option to deliver equipment for an additional fee when offering the equipment and may set a territorial range in which it is willing to deliver such equipment.
5.2. A reservation is considered confirmed when a Renter requests a reservation (at which time, Renter will be presented with a summary of charges related to the reservation request) and such reservation is accepted and confirmed by the Owner. Renter agrees to pay the charges related to the reservation request for any reservation accepted by an Owner, except as otherwise set forth herein.
5.3. For confirmed reservations made more than 10 days in advance of the reservation time, Renter may cancel the reservation within 48 hours of the reservation being confirmed without being assessed a penalty, provided that such cancellation is more than 10 days prior to the start of the reservation.
5.4. Renter may cancel a confirmed reservation within 48 hours of a reservation being confirmed, and provided that such cancellation is prior to 72 hours before the reservation time, Renter will be required to pay the Service Fee related to the reservation but will not be charged any other penalty.
5.5. If Renter cancels a reservation more than 72 hours prior to the start of the reservation, and such cancellation takes place more than 48 hours after the reservation is confirmed, Renter will be required to pay the Service Fee and Maintenance Fee related to the reservation; and (b) Renter may cancel a reservation less than 72 hours prior to the start of the reservation, regardless of when booked, and Renter must pay 50% of the Equipment Reservation Cost, plus the Service Fee and Maintenance Fee related to the reservation.
5.6. Owners may cancel reservations at any time without a penalty, except that if an Owner cancels a reservation within 72 hours prior to the reservation, the Owner will be subject to an automatic review posted on the Owner’s public profile that the Owner canceled such reservation less than 72 hours prior to the scheduled reservation.
5.7. Owners acknowledge that pursuant to Section 5.3 and 5.4 above, Quiptu will retain 100% of the Service Fee. Owners will be entitled to any Maintenance Fee and percentage of Reservation Fee assessed to the Renter.
5.8. Notwithstanding the foregoing, Renters may request a reschedule of equipment rental at least 24 hours prior to the reservation time if severe weather is expected and will not be assessed reschedule fee, and in the event of any dispute between a Renter and Owner regarding severe weather, Quiptu will have the final right to determine whether this provision is applicable. For clarity, the foregoing applies only to a reschedule; a cancellation by Renter less than 72 hours in advance will remain subject to the charges described above. If Renter is unable to reschedule its rental of the same equipment within 30 days, Renter may cancel the reservation without being assessed a fee.
5.9. When a Renter receives equipment, Renter shall, within 4 hours of receipt , upload to its Account if such option is available, or otherwise inform Quiptu, of any unexpected damages to the equipment existing as of the time of receipt, or any aspects of the equipment which were misrepresented by the Owner. If a Renter proceeds to use such equipment without so notifying Quiptu, Renter waives its right to make any claim regarding any fees and charges associated with renting such equipment due to such damage or misrepresentation by Owner and may be responsible for paying for any damage to equipment not reported at the time of receipt.
6. Damage to Equipment During Rental Period.
6.1. Owners agree and acknowledge that renting equipment will result in ordinary wear and tear to the equipment. This section shall only apply to damages which, in the sole discretion of Quiptu, are outside of ordinary wear or tear, or render the equipment unusable.
6.2. If you are a Renter and you damage Owner’s equipment during your use of the equipment, you should immediately report such damage to Quiptu. Regardless of any damage to the equipment, Renters shall return all rented equipment to Owners within the original timeframe provided for such return.
6.3. If you are an Owner and a Renter returns damaged equipment to you, you must reach out to Quiptu within 10 days after receiving the return. Quiptu will request certain information from you, including information regarding the damages and other details about the rental. If you do not inform Quiptu within such 10-day period, or you fail to provide Quiptu the details requested by Quiptu to confirm details about the damage within a reasonable period, you waive any rights to payment or reimbursement for damages.
6.4. The following provisions apply to equipment which is damaged by a Renter:
A. At the time of placing a rental order, Renters have the option of selecting full maintenance coverage when renting equipment. This is not and should not be construed to be insurance but is offered as a courtesy by Quiptu. If Renter has selected such option, and damage to the equipment occurs other than due to negligence or willful misconduct by Renter, Quiptu will reimburse Owner for either (i) the full fair market value of the equipment if the equipment is unusable; or (ii) an amount equal to the difference of the fair market value of the equipment before the rental, and after the damage occurring to the equipment.
B. If Renter has not selected full maintenance coverage when renting equipment, or if damage to equipment occurs due to Renter’s negligence or willful misconduct, or if Renter fails to return equipment to Owner at the specified time and date, Renter will be fully responsible for reimbursing Owner for either (i) the full fair market value of the equipment if the equipment is unusable or unreturned; or (ii) an amount equal to the difference of the fair market value of the equipment before the rental, and after the damage occurring to the equipment.
C. Any reference to fair market value of equipment herein means fair market value determined solely by Quiptu. Factors affecting fair market value may include age of the equipment, previous damage and overall condition of the equipment prior to the rental of the equipment, and overall desirability of the used equipment in the marketplace. Owners should not anticipate that they will be able to replace their equipment with new equipment in the event of damage.
D. In Quiptu’s discretion, Quiptu may reimburse an Owner at an amount above fair market value in certain circumstances but doing so in one instance will not obligate Quiptu to do so in any other instance.
6.5. Quiptu, in its sole discretion, may terminate a Renter’s account if Quiptu determines that such Renter is negligent in its use of equipment or uses rented equipment inappropriately, or if a Renter damages equipment on multiple occasions.
7. Public Profile.
7.1. You may be required to create a publicly available profile in order to access Services as a Renter or Owner. Any information you provide on your profile about yourself and the equipment you are offering may be collectively referred to as “Contributions.” All Contributions are non-confidential and non-proprietary. You acknowledge that other Users will be able to view all Contributions, and that certain aspects of the Contributions and your public profile may be viewable publicly by Users of the Website who do not have an Account and are using the Website as a guest. You hereby grant to us and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns, the irrevocable,
non-exclusive, worldwide, perpetual, royalty-free license and right to use, modify, reproduce, display, copy, distribute, publish, perform, sublicense, translate, create derivative works from, make available and otherwise exploit such Contributions for purposes of providing the Services.
7.3. You are prohibited from misstating or misrepresenting any aspect of your profile, including but not limited to, personally identifiable information about yourself, you location, and the equipment you are renting. You understand and acknowledge that you are responsible for any Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You agree that we are not responsible or liable to any third party for the content or accuracy of any Contribution posted by you and you will indemnify, defend, and hold us harmless from the same.
7.4. All Users acknowledge that any information provided on a public profile is provided solely by the User and is not confirmed or reviewed by Quiptu. We cannot guarantee the accuracy or completeness of any profile and we are not responsible for verifying any information provided on any profile. It is your sole responsibility to vet another User and confirm the the information provided on their profile (including regarding equipment) before engaging with that User or placing an order to rent their equipment. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY INFORMATION POSTED BY A USER. WE CAUTION YOU TO, AND IT IS YOUR RESPONSIBILITY TO, VERIFY THE VALIDITY OF AND DETAILS OF ALL STATEMENTS MADE BY ANOTHER USER BEFORE ENGAGING WITH SUCH USER.
8. Reviews. If the Website allows Users to leave reviews about other Users (for example, regarding their experience with the User or the rental of such User’s equipment): (i) your reviews will be based upon your personal and actual first-hand experience; (ii) your reviews will be accurate, honest, truthful, and complete, and you will refrain from posting any comments that are purely opinion; (iii) you may not accept any form of compensation in exchange for posting, or agreeing to post, any reviews; (iv) you will not use any reviews to promote your own commercial purposes, and you may not include hyperlinks in your reviews; (v) you acknowledge that you are solely responsible for and liable for the reviews and ratings that you submit, and Quiptu will not analyze your reviews to determine whether such reviews or ratings could be considered libelous, defamatory, or otherwise damaging to the party you are reviewing. We reserve the right to delete or remove any reviews that do not align with the above guidelines, or that we otherwise believe create liability for Quiptu or for any User.
9. Content Standards. You should not include on your public profile, or in any reviews, or otherwise communicate information to another User that (i) is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any intellectual property right or other legal rights of any other person; (iv) is likely to deceive any person; (v) promotes any illegal activity, or advocate, promote, or assist any unlawful act; (vi) impersonates any person, or misrepresents your affiliation with any person or organization; or (vii) involves commercial activities or sales, other than as intended by Quiptu.
10. Use Restrictions.
10.1. The Website is intended for Users to make connections to rent outdoor equipment and related items, and not for any other purpose. You will not use the Website to offer or rent items that are
illegal, dangerous, hazardous, harmful, unsafe, offensive, or objectionable, as may be determined in Quiptu’s sole discretion.
10.3. The information and material contained on the Website is provided for your personal use only and may not be copied or redistributed for any reason. You may not under any circumstance use scrapers, miners, or any other tool or process, whether manual or automated, in order to extract or obtain information of other Users for any purpose other than the purposes described herein, including but not limited to, soliciting any User of the Website for purposes other than those intended by the Website; attempting to sell any product or service to Users other than the services intended by the Website; operating a competitive third-party site or application; selling such data and information to any third party; or retaining such data on your computer or other device. You acknowledge that user profiles and Contributions posted thereon may constitute copyrighted materials and misuse of the same may make you liable for certain penalties.
10.4. You agree not to use the Website in any manner (i) that could disable, overburden, damage, or impair the proper working of the site or interfere with any other party's use of the Website; (ii) to introduce any viruses or other material that is malicious or technologically harmful; or (iii) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or attack the Website in any way.
11. Circumvention of Website. Renters are prohibited from contacting Owners to directly for purposes of bypassing or circumventing Quiptu’s Services. If Quiptu becomes aware that any user has circumvented Quiptu’s Services, Quiptu may immediately terminate such User’s Account.
12.1. If you are a Renter, you agree to pay any and all fees or charges associated with an equipment rental as presented to you at the time of placing the rental order. Quiptu may charge a fee for the Services, which may be a percentage of the value of the rental order, including as to any delivery charges for equipment. Such Quiptu service fees will be paid by Renter and added to a Renter’s total charges and fees at the time of placing your rental order.
12.3. You agree that we are authorized to immediately invoice your Account and payment method on file for all fees and charges due and payable hereunder, including any fees assessable to Renters hereunder for damage to equipment.
12.4. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes. We may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Services. Promotional codes are generally limited to one use per customer.
12.5. You must notify us within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to the following address: firstname.lastname@example.org. If you dispute a payment, you agree to first contact us regarding such dispute. You agree that you will not chargeback any amounts charged to your payment method.
13. Termination of Account.
14. Intellectual Property Rights.
14.1. You acknowledge and agree that Quiptu owns all rights, including copyrights, to content, methods, processes, reports, specifications, techniques, and other general intangibles developed by Quiptu offered to you via the Website (collectively, the “Materials”). When you view, purchase, or download Materials from the Website, you do so only under a license to use such Materials for your personal purposes, and you are not purchasing any intellectual property rights in or to the Materials. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit to others any of the Materials we provide to you, and you acknowledge that doing so would constitute a violation of this policy and may also constitute a violation of relevant intellectual property laws, rules, and regulations. You may not remove proprietary notices from copies of Materials. If Quiptu discovers that a User has violated these terms, Quiptu may immediately delete such User’s account and take any other action against such User as is available to Quiptu under law.
14.2. You acknowledge and agree that the Services and any software used in connection with the Website and Services, contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. The Website, the Services, and the entire contents, features, and functionality (including but not limited to all information, software, underlying code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) associated therewith are owned by Quiptu.com, Inc. and are protected by United States intellectual property laws (including but not limited to copyright, trademark, and patent laws) and where applicable, international intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you. As between Users and Quiptu, all right, title and interest in and to any intellectual property incorporated, used, or made viable in connection with to the Services will remain solely with Quiptu. The term “QUIPTU”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Quiptu.com, Inc. You agree that you are only using the Services for the purposes intended and set forth herein, and not for purposes of reverse engineering or otherwise discovering confidential or protected information about the Website, Quiptu, or the Services.
14.3. If you suggest any changes to be made to the Website or Services (collectively, “Feedback”), Quiptu will be the sole owner of such Feedback, you hereby assigns any and all of your rights to the same to Company.
15. Updates. You understand that the Website and Services offer are evolving. We may require you to accept updates to the Website that you have installed on your desktop computer or mobile device. You acknowledge and agree that we may update the Website or Services without notifying you. You may need to update third-party software from time to time in order to use the Website and Services.
16. Third-Party Materials. Through the Website, you may have access to materials that are hosted by another party. If you navigate to a third-party site through our Services, you agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
17. Geographic Restrictions. The owner of the Website is based in the State of Indiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. Reporting Infringement.
18.1. Copyright Infringement and DMCA Notices. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent at email@example.com. The written notice (the “DMCA Notice”) must include substantially all the details as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512). If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers. We may disclose your identity or other personal information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
18.2. Trademark and Impersonation. Unless and until given information to the contrary, we assume that each User has the right to create their Account (either on such User’s own behalf or on behalf of a business where applicable), make Contributions to the Website, and otherwise use the Website. We are not liable to any third-party if an unauthorized account is created on their behalf. If you feel that an account has been created on our Website on behalf of your entity that was not authorized, please use the email address noted in Section 18.1 herein to report such impersonation of your entity.
19. Indemnification. You agree to indemnify, hold harmless, and defend Quiptu, along with its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Quiptu Parties“) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Contributions; (b) your use of, or inability to use, the Quiptu Services; (c) your violation of this policy; (d) you use of the Website to violate the rights of another party; (e) your violation of any applicable laws, rules or regulations; and (f) your use of the Services to offer or rent equipment, including any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind relating thereto. Quiptu reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Quiptu in asserting any available defenses, and reimburse Quiptu for reasonable attorneys’ fees and other legal costs related to the same.
20. Warranty Disclaimer.
20.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
20.2. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR RENTED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE QUIPT PARTIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE QUIPTU PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
21. Limitation of Liability.
21.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL QUPTU OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21.2. UNDER NO CIRCUMSTANCES WILL THE QUIPTU PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) FIFTY DOLLARS ($50.00); OR (ii) FEES RECEIVED BY QUIPTU FROM YOU IF YOU ARE A RENTER, OR IF YOU ARE AN ONWER, THE FEES RECEIVED BY QUIPTU FROM A RENTER ARISING FROM YOUR RENTAL OF EQUIPMENT, FOR THE APPLICABLE SHIPMENT FOR WHICH YOU ASSERT A CLAIM.
21.3. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUIPTU AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
25. Survival. Provisions herein related to indemnification, liability limitation, protection of intellectual property, and any other provision which by their terms should survive, will survive any termination of your Account or cessation of use of the Website.
27. Prohibition on the use of Alcohol or Drugs
27.1. Renter agrees not to use any substances that may impair your ability to operate rented equipment.