Renters Guarantee Terms

Please note: These Renter Guarantee Terms contain an arbitration clause and class action waiver that applies to all Toolsharer Members.  If you reside in the United States, this provision applies to all disputes with Toolsharer.  If you reside outside of the United States, this provision applies to any action you bring against Toolsharer in the United States.  It affects how disputes with Toolsharer are resolved.  By accepting these Renter Guarantee Terms, you agree to be bound by this arbitration clause and class action waiver.  Please read it carefully.

Please read these Renter Guarantee Terms carefully as they contain important information about your legal rights, remedies, and obligations.  By posting a Listing or otherwise using the Toolsharer Platform as a Renter, you agree to comply with and be bound by these Renter Guarantee Terms.

Renters may benefit from the Toolsharer Renter Guarantee program, which is subject to these terms and conditions. The Renter Guarantee terms apply in addition to Toolsharer’s Terms of Service (“Toolsharer Terms”) and the Payments Terms of Service (“Payments Terms”).

All capitalized terms shall have the meaning set forth in the Toolsharer Terms or Payments Terms, unless otherwise defined in this Renters Guarantee. If you agree to these Renters Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Renters Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Except as permitted by law, these Renters Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Renters Guarantee Terms, please email us.

  1. The Toolsharer Renter Guarantee

Toolsharer agrees to pay you, as a Renter, if your Tool/Equipment (as defined below) is damaged or destroyed as a result of a Loss (as defined below), subject to the limitations, exclusions, and conditions in this Renter Guarantee Terms.

You must comply with all the requirements and conditions in these Renter Guarantee Terms in order to be eligible to receive any payments for Losses. Your failure to fully comply will prevent your recovery for any Losses. Please carefully review the definitions of “Tools/equipment” and “Excluded Property” below so that you may identify and protect property not covered by the Toolsharer Renter Guarantee.

  1. Key Defined Terms

The following capitalized terms shall have the following meanings:

“Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Tools/equipment as a result of a Loss, measured on the date of occurrence of such Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

“Loss” means and is limited to direct physical loss or physical damage to a Renter’s Tools/equipment caused by the Responsible Toolee. Loss does not include any losses or damages to Tools/equipment when it is not scheduled on a rental contract with a Responsible Toolee. Loss does not include any losses or damage described under Excluded Losses below.

  1. Basic protection plan Loss includes only the following type of events
    1. Windstorm and hurricane
    1. Flooding
    1. Wildfires, volcanic actions
  2. Gold protection plan includes Basic plan Loss and the following types of events
    1. Accidental damage
    1. Power surge
    1. Water damage
  3. Platinum protection plan includes Gold plan Loss and the following types of events
    1. Tool/equipment fire
    1. Tool/equipment breakdown

“Tool/Equipment” means and is limited to the following property, unless such property constitutes Excluded Property (as defined below):

  1. Equipment while included on a rental contract to a Responsible Toolee
    1. Equipment that is:
      1. owned by you, including your interest as a lessee
      1. not owned by you but is in your custody and for which you have legal liability for physical loss or damage to the property.

“Excluded Property” means any of the following:

  1. Equipment Type
  2. Contraband or property while used for illegal activities.
  3. Property held by you as inventory for sale, lease or rental.
  4. Equipment not in the Care, Custody or Control of the Responsible Toolee.
  5. Bullion, gold, silver, platinum, or other precious metals, jewelry, watches, precious or semi-precious stones, furs, or fine arts; or
  6. Accounts, bills, evidence of debt, currency, notes, securities, valuable papers, or other documents.
  7. We will not pay for Loss to any of the following:
  8. Equipment in transit.
  9. Aircraft or watercraft, including their motors, equipment, and accessories.
  10. Autos, trucks, or any self-propelled vehicles or machines primarily designed and licensed for road use.
  11. Equipment used in mining, logging, lumbering or oil or gas explorations or processing.

“Responsible Toolee” means anyone authorized to have care, custody and control of the Tool/equipment as allowed by a rental agreement for the booking period indicated on the rental agreement.

  1. Limitations

The Toolsharer Renter Guarantee pays for Losses only and does not pay for any of the following “Excluded Losses”:

  1. Losses by Toolee
    1. Any losses caused by a Responsible Toolee before the booking period shown in the applicable rental agreement.
    1. Any losses caused by a Responsible Toolee after the expiration of the booking period shown in the applicable rental agreement.
    1. Losses or damages for Tools/equipment by a Responsible Toolee or representative while they are under the influence of illicit substances or otherwise.
  2. Losses caused by or resulting from
    1. Delay, loss of market, loss of use, delay in transit, obsolescence, business interruption or any other consequential or indirect Loss.
    1. Consulting or programming fees as a result of implementing, installing, or maintaining computer software.
    1. The Loss of data or Media due to defects, Bugs, computer Viruses, or the actual corruption of the data or Media from unintentional or intentional programming errors.
    1. Any Loss caused directly or indirectly to any computer application software or related software due to the inability to correctly recognize, process, distinguish, interpret, or accept one or more dates or times.
    1. Wear and tear, any quality that causes it to damage or destroy itself, inherent vice, hidden or latent defect, gradual deterioration or depreciation, mechanical breakdown, insect, vermin, animal, corrosion, rust, dampness, cold or hot, or by processing or any work upon the property.
    1. Dampness of atmosphere, dryness of atmosphere, wet or dry rot, freezing, heating, evaporating, leakage, breakage, denting, bending, marring, scratching, rust or corrosion, contamination, change in color or finish, loss of air from tires or tubes and tire damage.
    1. Misappropriation, Secretion, Conversion, Infidelity or any dishonest or criminal act committed by you, Responsible Toolee, or any of your partners, shareholders, directors, trustees, authorized representatives, employees (including leased employees) or authorized representatives or anyone else (other than a carrier for hire).
    1. Mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory.
    1. Excessive use of electricity, gas, fuel, water, or other utilities provided for the Tools/equipment.
    1. Abuse, neglect, misuse, overloading, or wrongful application of the Tools/equipment by the Responsible Toolee.
  3. Losses caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:
    1. War and military action including, but not limited to:
      1. Declared war, undeclared war, civil war, insurrection, rebellion, or revolution.
      1. A warlike act by a military force or military personnel.
      1. Destruction, seizure, or use of the covered property for a military purpose; or
      1. The accidental discharge of a nuclear weapon.
    1. Civil authority including, but not limited to:
      1. Seizure or destruction under quarantine or customs regulations; or
      1. Confiscation or destruction by order of a government or public authority; or
      1. Risks of contraband or illegal transportation or trade.
    1. Nuclear reaction, radiation, or radioactive contamination, however caused. Any weapon employing atomic or fusion.
    1. Earth movement:
      1. Earthquake, including, tremors and aftershocks and earth sinking or rising or shifting related to such event.
      1. Landslide, any earth sinking, rising, or shifting to such event.
      1. Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased.
      1. Earth sinking (including Sinkhole Collapse), rising, or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface, or muskegs.
    1. The weight of the load exceeding the lifting capacity of any Tools/equipment as stated in the manufacturer’s operating specifications.
    1. Any discharge, migration or release of contaminants or pollutants caused by a Loss to Tools/equipment.
    1. Any losses to consumable or disposable goods, components, or equipment.
    1. Submersion or sinking of the Tools/equipment in mud or water.
    1. Use or operation of the Tools/equipment for the purpose of demolition activities.
  1. Duties and Conditions of the Toolsharer Renter Guarantee

In order to be eligible to obtain payment under these Renter Guarantee Terms, you must fully comply with each of the following conditions. Your failure to fully comply will prevent your recovery of any Losses. In all cases, the onus will be upon you to demonstrate that you have complied with the following conditions.

The Toolsharer Renter Guarantee is not an insurance policy. To the extent you desire protection beyond the Toolsharer Renter Guarantee, Toolsharer strongly encourages you to purchase insurance that will cover you and your property for losses caused by Toolees or Toolees’ invitees in the event your loss is not within the terms of the Toolsharer Renter Guarantee.

  1. What to do if you have a Loss
  2. You must inspect the applicable Tools/equipment to determine whether there are any physical losses or damages to any Tools/equipment and notify Toolsharer of such losses or damages within fourteen (14) days following the termination date of the Responsible Toolee’s rental agreement. You can notify Toolsharer either by reporting a loss online or by contacting customer support.
  3. You must file a police report if a law may have been broken in conjunction with damage to the Tools/equipment. You must provide Toolsharer with a copy of such report, certified by you as true and correct.
  4. Take all reasonable steps to protect the Tools/equipment from further damage and separate any damaged Tools/equipment to prevent any additional damage.
  5. You will permit Toolsharer or its designee(s) to make inspections of Tools/equipment at all reasonable times. However, the right to make inspections will not constitute an undertaking by Toolsharer to determine or warrant that damaged Tools/equipment is safe to use.  We will have no liability to your or any other person because of any inspection or failure to inspect.
  6. You will cooperate with Toolsharer, including signing any requested statements or documents, and will respond timely to any reasonable requests for additional information or documentation that Toolsharer or its designees may require or request to process the Loss.
  7. You will make no statement that will assume any obligation or admit any liability for any Loss without Toolsharer’s consent.
  8. If requested, permit us to question you under oath, at such times as may be reasonably required, about any matter relating to the Loss. In such event, answers must be signed.
  9. Assist us with obtaining information and documentation from the Responsible Toolee at the time of the Loss.
  10. Assist us in securing the attendance of the party who had care, custody and control of the Tools/equipment at the time of the Loss for an examination under oath, while not in the presence of any other individual or entity other than us or our assigned third party, and at such times as may be reasonably required, about any matter relating to this Loss.
  11. Assign to Toolsharer or its insurer any rights and remedies you may have to recover amounts paid to you with respect to the Responsible Toolee.
  12. To reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to the Responsible Toolee or any other party.
  13. To release and hold harmless Toolsharer and its insurer and all officers, directors, employees, contractors, and agents of Toolsharer from any further liability or obligations with respect to the facts and circumstances of the matters and incident.
  14. If requested, to treat as “confidential information” the amount of any payment made under the Toolsharer Renter Guarantee.
  • Information you will provide to Toolsharer
  • Proof of ownership or legal responsibility for the Tools/equipment in the form of receipts, photographs, videos, documents, serial number, or other forms of proof.
  • A statement of loss including a description of the Tools/equipment involved, the details of when and where the loss occurred, a description of the loss event, and a description of the damage.
  • A statement of current market value, replacement value, and amount of loss or damage to the Tool/equipment and any other information that can be used to establish the repair cost or Actual Cash Value.
  • Any information about contracts of insurance that may be applicable to the Tools/equipment.
  • The identity and contact information for the Responsible Toolee and any other party using the Tools/equipment.
  • Your rights regarding Tools/equipment involved in a Loss
    • You have full rights to the possession and control of damaged Tools/equipment.
    • You, using reasonable judgment, will decide if the damaged Tools/equipment can be repaired or sold.
    • After a Loss Settlement, if you determine that the tools/equipment is unfit for repair or sale, the property can be disposed at your consent.  Disposal of the tools/equipment will not alter the loss valuation determined in this Renters Guarantee.
  • Disposition of Renter Guarantee Payments
  1. Valuation

Toolsharer or its designees will determine the value of Tools/equipment as of the time of Loss to be the lesser of the Actual Cash Value or the amount actually spent in repairing or reasonably restoring the specific Tools/equipment.  The information you provide along with other market information will be used in determining these values. However, the valuation will not be more than the Tools/equipment value stated in the rental agreement.

  • Settlement

If a payment is approved for a Loss, you will be paid the amount of the Loss as calculated by Toolsharer or its designees.

You acknowledge and agree that any amount of Losses payable to you under the Toolsharer Renter Guarantee will be reduced by the amounts you have already collected for the same Loss from a source other than the Toolsharer Renter Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Toolee or other party or an insurer or guarantor of such party.

  • Loss Payment
  • We will pay or make good any Loss payment within thirty (30) days after: (i) We complete evaluating the Loss; or (ii) we collect all the information necessary to evaluate the Tools/equipment valuation or repairs.
  • We will not be liable for any part of a Loss that has been paid or made good by others.
  • For a settlement that involves Losses for Tools/equipment that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered either to you or directly to the owner of such Tools/equipment. If an Toolsharer Renter Guarantee payment for all or a portion of such amount is made directly to the owner of such Tools/equipment, then you agree that such payment will be treated as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Tools/equipment any portion of such payment to which you believe you are legally entitled.
  • Losses will be paid in the currency of the United States of America unless, in Toolsharer’s sole discretion, Toolsharer elects to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).
  • Acknowledgments and Agreements by the Renter

You acknowledge and agree that:

  1. The Toolsharer Renter Guarantee is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by Toolsharer to you with respect to Loss from the Responsible Toolee or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.
  2. Toolsharer provides Renters with the Toolsharer Renter Guarantee benefits described herein solely for the purpose of promoting use of the Toolsharer Platform by building customer loyalty and strengthening customer confidence as to use of the Toolsharer Platform.
  3. These Renter Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Renter Guarantee Terms are not an insurance policy.
  4. The benefits provided under these Renter Guarantee Terms are solely as set forth in the paragraph entitled “Toolsharer Renter Guarantee” above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
  5. Toolsharer and/or its insurer reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Toolsharer Renter Guarantee Payment Request Form that you file with Toolsharer, notwithstanding your delivery of all information and materials that you are required to provide Toolsharer in order to comply with the conditions set forth in the paragraph entitled “Conditions to the Toolsharer Renter Guarantee.”

You acknowledge and agree that if you file a loss under this Renter Guarantee, you give Toolsharer consent to review all communications between you and the allegedly Responsible Toolee via the Toolsharer Platform.

Because these Renter Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Tools/equipment in question or the risk associated with that Tools/equipment changes materially, Toolsharer will be entitled to exoneration with respect to any potential guaranty obligation under these Renter Guarantee Terms.

  • Modification or Termination of Toolsharer Renter Guarantee Terms

To the extent permissible by applicable law in your jurisdiction, Toolsharer reserves the right to modify or terminate these Renter Guarantee Terms, at any time, in its sole discretion.

If Toolsharer terminates these Renter Guarantee Terms, Toolsharer will provide you with notice by email at least thirty (30) days before such termination and Toolsharer will continue to process all Losses that you filed prior to the effective date of termination, but your right to file any new Losses will immediately terminate.

If Toolsharer modifies these Renter Guarantee Terms, we will post the modification on the Toolsharer Platform at https://www.Toolsharer.com/guarantee.

In addition to and without limiting Toolsharer’s rights set forth above in the immediately preceding paragraph, Toolsharer reserves the right to modify or terminate these Renter Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Renter Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Toolsharer is required to obtain a license or permit of any kind to continue to provide these Renter Guarantee Terms in any jurisdiction; or (iii) Toolsharer determines or a court or arbitrator holds that the provisions of these Renter Guarantee Terms violate applicable law. If Toolsharer modifies or terminates these Renter Guarantee Terms in accordance with the foregoing, Toolsharer will process all Losses that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

  • Disclaimers and Limitations of Liability

If you choose to use the Toolsharer Platform as a Renter, you do so at your sole risk. The Toolsharer Renter Guarantee is provided “as is”, without warranty of any kind, either express or implied.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Toolsharer Platform, and your listing of any Accommodations via the Toolsharer Platform remains with you. Neither Toolsharer nor any other party involved in creating, producing, or delivering the Toolsharer Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages for (1) personal or bodily injury or emotional distress arising out of or in connection with these Renter Guarantee terms, (2) from the use of or inability to use the Toolsharer Platform, (3) from any communications, interactions or meetings with other users of the Toolsharer Platform or other persons with whom you communicate or interact as a result of your use of the Toolsharer Platform, or (4) from your listing of any Accommodation via the Toolsharer Platform. Toolsharer will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Toolsharer has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for Toolsharer’s obligation to pay amounts to you pursuant to an approved Loss under these Renter Guarantee Terms, in no event will Toolsharer’s aggregate liability arising out of or in connection with (a) these Renter Guarantee Terms; (b) your use of or inability to use the Toolsharer Platform including, but not limited to, posting a Listing, (c) any Accommodation and (d) your interactions with any other Members, exceed the amounts paid by Toolsharer to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Toolsharer and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you.

  1. Dispute Resolution and Arbitration Agreement
  2. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Toolsharer in the United States (to the extent not in conflict with Section 21 of the Toolsharer Terms).
  • Overview of Dispute Resolution Process. Toolsharer is committed to participating in a consumer-friendly dispute resolution process. To that end, these Renter Guarantee Terms provide for a two-part process for individuals to Section X.A applies: (i) an informal negotiation directly with Toolsharer’s customer service team, and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section X). Specifically, the process provides:
    • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
    • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
    • Parties retain the right to seek relief in small claims court for certain claims, at their option;
    • The initial filing fee for the consumer is capped at $200;
    • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
    • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
  • Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Toolsharer each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Toolsharer’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
  • Agreement to Arbitrate. You and Toolsharer mutually agree that any dispute, claim or controversy arising out of or relating to these Renter Guarantee Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Toolsharer Platform, the Renter Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Toolsharer agree that the arbitrator will decide that issue.
  • Exceptions to Arbitration Agreement. You and Toolsharer each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
  • Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at http://www.adr.org/ or by calling the AAA at 1–800–778–7879.
  • Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Toolsharer agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Toolsharer both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
  • Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Toolsharer agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
  1. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
  • Jury Trial Waiver. You and Toolsharer acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
  • No Class Actions or Representative Proceedings. You and Toolsharer acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Toolsharer both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
  • Severability. Except as provided in Section X.K, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
  • Changes. Notwithstanding the provisions of Section VII (“Modification or Termination of Toolsharer Renter Guarantee Terms”), if Toolsharer changes this Section X (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Renter Guarantee Terms (or accepted any subsequent changes to these Renter Guarantee Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Toolsharer’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Toolsharer in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Renter Guarantee Terms (or accepted any subsequent changes to these Renter Guarantee Terms).
  • Survival. Except as provided in Section X.L and subject to Section 15.8 of the Toolsharer Terms, this Section X will survive any termination of these Renter Guarantee Terms and will continue to apply even if you stop using the Toolsharer Platform or terminate your Toolsharer Account.
  • General Provisions
  • Indemnification

You agree to release, defend, indemnify, and hold Toolsharer and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Toolsharer Renter Guarantee and these Renter Guarantee Terms.

  • Entire Agreement

These Renter Guarantee Terms constitute the entire and exclusive understanding and agreement between Toolsharer and you regarding the Toolsharer Renter Guarantee and these Renter Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Toolsharer and you regarding the Toolsharer Renter Guarantee.

  • Assignment

You may not assign or transfer these Renter Guarantee Terms, by operation of law or otherwise, without Toolsharer’s prior written consent. Any attempt by you to assign or transfer these Renter Guarantee Terms, without such consent, will be null and of no effect. Toolsharer may assign or transfer these Renter Guarantee Terms, at its sole discretion, without restriction. Your right to terminate the Agreement with Toolsharer remains unaffected. Subject to the foregoing, these Renter Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • Notices

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Toolsharer via email, Toolsharer Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Toolsharer transmits the notice.

  • Controlling Law and Jurisdiction

These Renter Guarantee Terms will be interpreted in accordance with Section 21 of the Toolsharer Terms.

  • Waiver and Severability

The failure of Toolsharer to enforce any right or provision of these Renter Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Toolsharer. Except as expressly set forth in these Renter Guarantee Terms, the exercise by either party of any of its remedies under these Renter Guarantee Terms will be without prejudice to its other remedies under these Renter Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Renter Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Renter Guarantee Terms will remain in full force and effect.

  • Contacting Toolsharer

If you have any questions about these Toolsharer Renter Guarantee Terms, please email us.