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GarageSteal Terms and Conditions

Updated: December 20, 2018

Users registered on GarageSteal are referred to as Members. Members who own items that are published with the intent to rent or lend to other Members are referred to as “Owners” and the items published are “Listings”. “Renters” are Members who rent items from other Owners and items that are rented are referred to as “Rentals”. Owners and Renters are responsible for understanding and complying with all laws, rules and regulations.

1. GarageSteal Scope

GarageSteal enables registered Members to publish items they own with the intent to rent them to other Members for a fee. Members can borrow published items for free where identified by the Owner. Owners can also deliver Rentals when requested by Renters for a fee. Rentals can be any legal item such as tools, items for outdoor living, party supplies, farm equipment, etc.

As the provider of GarageSteal, GarageSteal does not create, sell, own, provide, offer, deliver, or supply any Listings. GarageSteal does not become a party in any contractual relationship between Members, nor is GarageSteal an insurer. When Members make or accept a Listing, Rental or Borrow they are entering into a contract directly with each other. You should always exercise caution when accepting a Rental, providing a Rental, borrowing, allowing a Member to borrow or delivering a Rental.

GarageSteal may help in the resolution of disputes, GarageSteal has no control over and does not guarantee:
  • the suitability, existence, quality, safety, or legality of any Listings or delivery service
  • the truth or accuracy of any Member content
  • the conduct of any Member
Any paid Listing only indicates that a Member has selected to make their Listing higher on a search listing when a Member searches the listing or on the homepage. GarageSteal does not endorse any Member, Listing or service.

If you choose to use GarageSteal as a Renter or to borrow for free, your relationship with GarageSteal is limited to an independent, third-party contractor, and not an employee, or partner of GarageSteal and GarageSteal does not control you. You acknowledge and agree that you have complete discretion whether to create Listings or engage in other business.

2. Members

You must be at least 18 years old and able to enter into a legally binding contract to use GarageSteal or register a GarageSteal account. By using GarageSteal you represent that you are 18 or older and have the legal capacity and authority to enter into a contract.

3. Account Creation

You must register an account on GarageSteal to access and use features on GarageSteal. You must provide accurate, current and complete information during the registration process and keep your account and profile page current at all times.

4. Content

GarageSteal may enable Members to create, upload, send, post, receive and store content, such as text, photos, and other materials and information on or through GarageSteal. Except to the extent as permitted in these Terms, you will not modify, distribute, use, copy, sell, transfer, publicly display or exploit GarageSteal. By sending, receiving, creating, uploading, posting, storing or making available any Member content on GarageSteal, you grant GarageSteal a non-exclusive, royalty-free, irrevocable, perpetual license to such Member content to access, use, store, copy, modify, distribute, publish in any media or platform.

You will not publish, submit, post, upload or transmit any Member content that is fraudulent, or deceptive, in defamatory, obscene, pornographic, vulgar or offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group or promotes illegal activities. You are solely responsible for all Member content that you make available on GarageSteal. You represent that you are either the exclusive owner of all Member content that you make available on GarageSteal or you have all rights and licenses that are necessary to grant to GarageSteal the rights to such Member content.

5. Service Fees

GarageSteal may charge fees to Owners and/or Renter for the use of the GarageSteal services and will be shown to an Owner or Renter prior to booking a listing. GarageSteal reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. You are responsible for paying any Service Fees that you owe to GarageSteal. GarageSteal will deduct any Service Fees from the Rental cost before remitting the payout to the Owner. Any Service Fees are included in the total payment collected by GarageSteal.

With every Rental the service fee is $3.78 per transaction for both Owner and Renter each. If the Owner also delivers the Rental the service fee is an additional $2.00 for each the Owner and Renter. An Owner has the option to place their Listing at the top in search results, category listings and the GarageSteal homepage. The fee for this service is $5.00 per month per listing paid by the Owner.

6. Terms for Owners

It is the responsibility of the Owner to ensure all Rentals listed are working properly and safely and all safety recalls have been administered to the best of the Owner’s knowledge. The Owner must test the operation of the Rental to ensure proper and safe operation within two days prior to releasing it to the Renter. It is the Owner’s responsibility to not release any Rentals that do not operate properly or safely. It is also the Owner’s responsibility to offer a demonstration of the Rental’s operation for the Renter and answer questions at the Renter’s request. The Owner must provide the Rental with a full tank of fuel if the Rental requires fuel to operate.

When you accept a request by a Renter, you are entering into a legally binding agreement with the Renter and are required to provide your Rental to the Renter as described in your Listing when the booking request is made. When creating a Listing through GarageSteal you must provide complete and accurate information about your Rental (such as listing description, location, and calendar availability), disclose any restrictions and requirements and provide and pertinent information requested by GarageSteal. You are responsible for keeping your Listing information accurate and up-to-date and you are solely responsible for setting a price for your Listing. Once a Member requests a booking of your Listing, you may not request that the Member pays a higher price than in the booking request. Pictures used in your Listing must accurately reflect the quality and conditions of your Rental. GarageSteal reserves the right to require that the Listing have a minimum number of images of a certain format, size and resolution. You also agree the pay the applicable fees. You may not list more than one Listing per Rental.

If you choose to require a security deposit for your Rental, you must specify this in your Listing. Owners are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of GarageSteal. GarageSteal will use reasonable efforts to address Owners requests and claims related to Security Deposits, but GarageSteal is not responsible for administering or accepting any claims by Owners related to Security Deposits.

7. Terms for Renters

It is the responsibility of the Renter to ensure all Rentals Rented are working properly and safely and all safety recalls have been administered to the best of the Renter’s knowledge. It is the Renter’s responsibility to refuse any Rentals that the Renter feels cannot be safely operated or properly operated and the Renter and Owner will be given a full refund. It is the Renter’s responsibility to load, unload and transport any Rentals except in the condition when the Renter pays for Delivery service.

All applicable fees, including the Rental Fee, Security Deposit, and Delivery Fee will be given to you prior to booking a Listing. You agree to pay the Total Fees for any booking you approve.

Upon receipt of a booking confirmation from GarageSteal, a legally binding agreement is formed between you and the Owner. GarageSteal will collect the Total Fees at the time of the booking.

You agree to return the Rental no later than stated in the request as mutually agreed upon between you and the Owner. If you keep the Rental past the agreed upon time without the Owner’s consent, you no longer have a license to the Rental and the Owner is entitled to make you return the Rental in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Owner, for each twenty-four (24) hour period (or any portion thereof) that you keep the Rental, an additional daily fee of up to two (2) times the Listing Fee originally paid by you to cover the inconvenience suffered by the Owner and any legal expenses incurred by the Owner to make you return the Rental. A Security Deposit, if required by an Owner, may be applied to any Fees due for a Renter returning a Rental past the time that it is due.

Renter acknowledges that a “Refueling Service Charge” of $3.50 per gallon will be applied to all Rentals not returned with a full tank of fuel. Renter acknowledges that the Refueling Service Charge is not a retail sale of fuel. Renter may avoid the Refueling Service Charge if Renter returns the Rental with a full tank of fuel. The Refueling Service Charge may be taken from the Renter’s deposit or the Renter acknowledges their credit card will be charged the Refueling Service Charge.

Renter acknowledges that a “Cleaning Service Charge” of $10.00 will be applied to all Rentals not returned in the same condition of cleanliness that it was received. The Cleaning Service Charge may be taken from the Renter’s deposit or the Renter acknowledges their credit card will be charged the Cleaning Service Charge.

8. Booking Changes, Cancellations and Refunds

Renters and Owners can cancel a confirmed booking at any time prior to the Renter receiving the Rental, and GarageSteal will refund the total amount of the fees, rent and delivery charge paid.

Owners and Renters are responsible for any modifications to a booking that they make on GarageSteal, and agree to pay any additional Listing Fees, Owner Fees or Renter Fees associated with the modifications. Bookings must be Voided and recreated if modifications are needed after the Booking has been approved and payment sent.

In certain circumstances, GarageSteal may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where GarageSteal believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to GarageSteal, other Members, third parties or property, or for any of the reasons set out in these Terms.

If GarageSteal decides that it is necessary to refund the Rental and or Delivery cost and GarageSteal issues a refund to the Renter, you agree that in the event you have already been paid, GarageSteal will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

9. Modification of these Terms

GarageSteal reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on and change the date at the top. We will provide you with notice of the modifications by email at least 30 days before they become effective.

10. Disclaimer of Warranties

GarageSteal makes no warranties, express or implied, as to the merchantability of the Rental or its fitness for any particular purpose. There is no warranty that the Rental is suited for Renter’s intended use, or that it is free from defects. Except as may be specifically set forth in these Terms, GarageSteal disclaims all warranties, either express or implied, made in connection with this Rental transaction.

11. Damage to Rentals, Disputes between Members

As a Renter, you are responsible for returning the Rental in the condition it was in when you received it. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Rental excluding the Owner.

If an Owner claims and provides evidence that you as a Renter have damaged a Rental, the Owner can seek payment from you. If an Owner contacts GarageSteal regarding damage, you will be given an opportunity to respond. If you agree to pay the Owner, or GarageSteal determines in its sole discretion that you are responsible for the damage, GarageSteal will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the damage. GarageSteal also reserves the right to otherwise collect payment from you and pursue any remedies available to GarageSteal in this regard in situations in which you are responsible for damage, including, but not limited to, in relation to any payment requests made by Owners.

If the Renter claims and provides evidence that the Rental failed to perform properly due to a malfunction not caused by the Renter, the Renter may seek a refund. If the Renter contacts GarageSteal regarding the malfunction, the Owner will be given an opportunity to respond. GarageSteal may issue a Refund to the Renter after returning the malfunctioning Rental for the following, but not limited to, the Rental breaking under proper use, or the Rental never performing. The Renter may return the Rental to the Owner prior to the due date and request a refund prorated for the remaining time on the Rental.

Members agree to cooperate with and assist GarageSteal in good faith, and to provide GarageSteal with such information and take such actions as may be reasonably requested by GarageSteal, in connection with any damage or other complaints or claims made. A Member shall, upon GarageSteal's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by GarageSteal with respect to losses for which a Member is requesting payment from GarageSteal.

12. Taxes

As an Owner you are solely responsible for determining your obligations to report, collect or include in your Listing Fees any applicable taxes. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Owners, a set amount per day, or other variations. You understand that any governmental agency, or Tax Authority where your Rental is located may require Taxes to be collected from Renters or Owners on Listing Fees, and to be remitted to the respective Tax Authority.

13. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of GarageSteal. In connection with your use of GarageSteal, you will not and will not assist or enable others to:
  • use GarageSteal for any purposes that are not expressly permitted by these Terms or in a manner that falsely implies GarageSteal endorsement, partnership or otherwise misleads others as to your affiliation with GarageSteal;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on GarageSteal in any way that is inconsistent with GarageSteal’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use GarageSteal in connection with the distribution of unsolicited commercial messages ("spam");
  • use, display, mirror or frame GarageSteal, or any individual element within GarageSteal, GarageSteal's name, any GarageSteal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in GarageSteal, without GarageSteal's express written consent;
  • offer, as an Owner, any Rental that you do not yourself own or have permission to make available as a Rental through GarageSteal;
  • book any Listing if you will not actually be using the Rental yourself;
  • contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of GarageSteal, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use GarageSteal to request, make or accept a booking independent of GarageSteal, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of GarageSteal. If you do so, you acknowledge and agree that you: would be in breach of these Terms; accept all risks and responsibility for such payment, and hold GarageSteal harmless from any liability for such payment;
  • discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • dilute, tarnish or otherwise harm GarageSteal brand in any way, including through unauthorized use of Collective Content, registering and/or using GarageSteal or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to GarageSteal domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with GarageSteal for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by GarageSteal or any of GarageSteal's providers or any other third party to protect GarageSteal;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide GarageSteal;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of GarageSteal;
  • breach or circumvent any applicable laws or regulations or our Terms;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that GarageSteal has no obligation to monitor the access to or use of GarageSteal by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to operate, secure and improve GarageSteal (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); ensure Members’ compliance with these Terms; comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; respond to Member Content that it determines is harmful or objectionable; or as otherwise set forth in these Terms. Members agree to cooperate with and assist GarageSteal in good faith, and to provide GarageSteal with such information and take such actions as may be reasonably requested by GarageSteal with respect to any investigation undertaken by GarageSteal or a representative of GarageSteal regarding the use or abuse of GarageSteal.

If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GarageSteal by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

14. Term and Termination, Suspension and other Measures

You may terminate this Agreement at any time by sending us an email. If you cancel your GarageSteal Account as an Owner, any confirmed booking(s) will be automatically cancelled and your Renters will receive a full refund. If you cancel your GarageSteal Account as a Renter, any confirmed booking(s) will be automatically cancelled and a refund given to you for any Rentals not yet received and you will be given a prorated refund for any ads you purchased.

GarageSteal may immediately, without notice, terminate this Agreement and/or stop providing access to GarageSteal if (i) you have breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) GarageSteal believes in good faith that such action is reasonably necessary to protect the personal safety or property of GarageSteal, its Members, or third parties (for example in the case of fraudulent behavior of a Member). In addition, GarageSteal may take any of the following measures to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if you have breached these Terms, applicable laws, regulations, or third party rights, you have provided inaccurate, fraudulent, outdated or incomplete information during GarageSteal Account registration, Listing process or thereafter, you and/or your Listings at any time fail to meet quality criteria, GarageSteal becomes aware of or has received complaints about your performance or conduct, you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or GarageSteal believes in good faith that such action is reasonably necessary to protect the personal safety or property of GarageSteal, its Members, or third parties, or to prevent fraud or other illegal activity:
  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of GarageSteal;
  • temporarily or in case of severe or repeated offenses permanently suspend your GarageSteal Account and stop providing access to GarageSteal.

    In case of non-material breaches and where appropriate, you will be given notice of any intended measure by GarageSteal and an opportunity to resolve the issue to GarageSteal's reasonable satisfaction.

    If we take any of the measures described above we may refund your Renters in full for any and all confirmed bookings that have been cancelled, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

    When this Agreement has been terminated, you are not entitled to a restoration of your GarageSteal Account or any of your Member Content. If your access to or use of GarageSteal has been limited or your GarageSteal Account has been suspended or this Agreement has been terminated by us, you may not register a new GarageSteal Account or access and use GarageSteal through a GarageSteal Account of another Member.

    If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

    15. Disclaimers

    If you choose to use GarageSteal, you do so voluntarily and at your sole risk. GarageSteal is provided “as is”, without warranty of any kind, either express or implied.

    You agree that you have had whatever opportunity you deem necessary to investigate GarageSteal, laws, rules, or regulations that may be applicable to your Listings and/or Owner Services you are receiving and that you are not relying upon any statement of law or fact made by GarageSteal relating to a Listing.

    If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

    You agree that some Rentals may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Rentals may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to Rent those Rentals. You assume full responsibility for the choices you make before, during and after your participation in a GarageSteal service. If you allow a minor to be in contact or near a Rental, you are solely responsible for the supervision of that minor throughout the duration of the Rental and to the maximum extent permitted by law, you agree to release and hold harmless GarageSteal from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Rental or in any way related to GarageSteal.

    The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

    16. Liability

    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of GarageSteal content, your publishing or booking of any Listing via GarageSteal, your use of any Rental or use of any other service, or any other interaction you have with other Members whether in person or online remains with you. Neither GarageSteal nor any other party involved in creating, producing, or delivering GarageSteal or Collective Content 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 the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use GarageSteal or collective content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of GarageSteal, or (iv) from your publishing or booking of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not GarageSteal 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 our obligations to pay amounts to applicable Owners pursuant to these Terms, in no event will GarageSteal’s aggregate liability arising out of or in connection with these Terms and your use of GarageSteal including, but not limited to, from your publishing or booking of any Listings via GarageSteal, or from the use of or inability to use GarageSteal and in connection with any Rental, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via GarageSteal as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Owner, the amounts paid by GarageSteal to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$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 GarageSteal and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

    17. Indemnification

    You agree to release, defend (at GarageSteal’s option), indemnify, and hold GarageSteal and its affiliates and subsidiaries, including but not limited to, GarageSteal, 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 (i) your breach of these Terms, (ii) your improper use of GarageSteal, (iii) your interaction with any Member, use of any Rental, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or use, (iv) your breach of any laws, regulations or third party rights. 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.

    18. General Provisions

    Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between GarageSteal and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between GarageSteal and you in relation to the access to and use of GarageSteal.

    No joint venture, partnership, employment, or agency relationship exists between you and GarageSteal as a result of this Agreement or your use of GarageSteal. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. GarageSteal’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

    You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without GarageSteal's prior written consent. GarageSteal may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

    Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by GarageSteal via email.