Terms of Service

Company offers an online marketplace for leasing equipment and supplies, which may include but is not limited to tools, construction equipment, event supplies, and vehicles.

You must register with Company and create an account to use the Services (an "Account") and as part of that process you will be requested to provide certain information, including without limitation your name, full address, phone number and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Company for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Company immediately.

The person signing up for the Services will be the contracting party ("Account Owner") for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. Your Account is not transferable to any other person or account.

Payment and any other expenses may be paid through the third party payment processing system (the "PSP") as indicated on the Services. You may be required to register with the PSP, agree to its terms, provide payment details, and complete a vetting process. Company is not a party to the PSP Services Agreement and has no obligations, responsibility or liability to any user or any other party under it.

All prices and fees displayed on the Services are exclusive of applicable federal, state, local or other governmental sales, goods and services or other taxes, fees or charges ("Taxes"). Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

"User Generated Content" is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and our users. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content.

You represent and warrant that your User Generated Content will not be false, inaccurate, incomplete or misleading; will not infringe any third party's intellectual property or privacy rights; will not violate any law; will not be defamatory, libelous, threatening, harassing, obscene, or harmful to minors; and will not contain viruses or malicious code.

By making available any User Generated Content through the Services, you grant Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, display, perform, and otherwise exploit such User Generated Content.

You represent and warrant that you are 18 years of age or older and otherwise capable of entering into binding contracts, and that you have the right, authority and capacity to enter into this Agreement.

You agree not to engage in any prohibited activities, including: copying or distributing any part of the Services other than as allowed; using automated systems to access the Services; transmitting spam or attempting to phish or scrape; interfering with or compromising the system integrity or security; violating any laws; uploading viruses, worms, or other malicious code; infringing intellectual property rights; impersonating another person; harassing or threatening other users; or attempting to access unauthorized Accounts.

Unless otherwise agreed in writing, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time by written notice to Info@honeydoeq.com. The provisions of these Terms of Service which by their intent or meaning are intended to survive termination — including disclaimers of warranties, limitations of liability, and indemnification — shall survive any termination.

We reserve the right to refuse the Services to anyone for any reason at any time. Company may terminate or limit your right to use the Services if we believe you have breached any provision of this Agreement.

Following the termination or cancellation of your Account, we reserve the right to delete all your data, including any User Generated Content, in the normal course of operation.

The Services may contain links to third-party websites. Such links do not constitute endorsement by Company. Company does not control these websites and is not responsible for their availability, accuracy, content, advertising, products, or services. Your use of any third-party website is governed by that site's terms and privacy policy and is at your own risk.

All text, graphics, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, trademarks, logos, and other content (collectively "Proprietary Material") that users see or read through the Services is owned by Company or its third party service providers. Proprietary Material is protected by domestic and international copyright, patent, and other proprietary rights laws.

You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Company's express prior written consent.

Company respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe your copyright, please send a detailed notice to Info@honeydoeq.com including: a description of the copyrighted work; the URL or location of the allegedly infringing material; your contact information; a good-faith statement; a statement under penalty of perjury that the information is accurate; and your signature.

You agree not to disclose, transfer, or use Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. "Confidential Information" means any and all of Company's trade secrets, confidential and proprietary information, and all other information not generally known to the public.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES WILL COMPANY AND ITS AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

IF COMPANY IS DETERMINED TO BE LIABLE, IN NO EVENT WILL AGGREGATE LIABILITY EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX MONTHS PRIOR TO THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, attorneys, insurers, successors, assigns, and third-party service providers from and against any and all Liabilities incurred in connection with your use or inability to use the Services, your breach of this Agreement, your violation of any law or the rights of any user or third party, and any content submitted by you or using your Account.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND COMPANY CAN BRING CLAIMS AGAINST EACH OTHER.

You agree that, in the event any dispute or claim arises out of your use of the Services, you will contact us at Info@honeydoeq.com and the parties will attempt in good faith to negotiate a written resolution. If unresolved for 30 days, such matter will be deemed a "Dispute."

Binding Arbitration. You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or your use of the Services will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights. You and Company both waive the right to a trial by jury.

Class Action Waiver. Any proceedings to resolve Disputes will be conducted on an individual basis and not as a class, consolidated, or representative action.

Administration. Arbitration will be administered by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

Except as provided in Section 13 or expressly provided otherwise, this Agreement and your use of the Services will be governed by, and construed under, the laws of the State of Florida, without regard to choice of law principles.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

Failure by Company to enforce any provision of this Agreement will not be construed as a waiver. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter. If any provision is found to be invalid, illegal or unenforceable, it shall be modified to render it enforceable or excised from the Agreement without affecting the remaining provisions. This Agreement may not be assigned by you without our prior written approval; we may assign it without your consent.

Company reserves the right, at its sole discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms of this Agreement and to modify or discontinue the Services at any time, with or without prior notice. Your continued use of the Services following any revision constitutes your acceptance of such changes.

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

You consent to receive any agreements, notices, disclosures and other communications to which this Agreement refers electronically, including by e-mail or by posting Notices on this Site. You agree that all electronic Notices satisfy any legal requirement that such communications be in writing.

If you have any questions about these Terms of Service or about the Services, please contact us by email at Info@honeydoeq.com or call (352) 773-0425.