THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH RENT TRUCKS EASILY, INC. OFFERS YOU ACCESS TO THE RENT TRUCKS EASY PLATFORM.
These terms of service establish a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Rent Trucks Easily, Inc. (“Rent Trucks Easy,” “we,” “us” or “our”), a Florida Corporation, ruling your use of the Rent Trucks Easy application, website, and technology platform (collectively, the “Rent Trucks Easy Platform”).
The Rent Tucks Easy Platform offers a marketplace where people who seek transportation for certain goods (“Users”) can be matched with people driving to or through those destinations (“Drivers”). Drivers and Users are collectively referred to herein as “Rent Trucks Easy Users” and each Rent Trucks Easy User shall create a Rent Trucks Easy User account that allows such Rent Trucks Easy User to access the Rent Trucks Easy Platform. For purposes of this Agreement, the delivery services provided by Drivers to Users that are matched through the Platform shall be referred to collectively as the “Services”.
RENT TRUCKS EASY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND RENT TRUCKS EASY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDER CONTACTED THROUGH THE RENT TRUCKS EASY PLATFORM, AND IT IS UP TO THE USER TO DECIDE WHETHER OR NOT TO ACCEPT A DELIVERY FROM ANY DRIVER CONTACTED THROUGH THE RENT TRUCKS EASY PLATFORM. ANY DECISION BY A RENT TRUCKS EASY USER TO OFFER OR ACCEPT SERVICES ONCE SUCH RENT TRUCKS EASY USER IS MATCHED THROUGH THE RENT TRUCKS EASY PLATFORM IS A DECISION MADE IN SUCH RENT TRUCKS EASY USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A USER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your Rent Trucks Easy User account and using the Rent Trucks Easy Platform, you clearly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RENT TRUCKS EASY PLATFORM OR THE SERVICES.
Alteration to the Agreement
We reserve the right to Alter the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make any alterations, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for often reviewing this Agreement. Continued use of the Rent Trucks Easy Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Rent Trucks Easy Platform or the Services.
The Rent Trucks Easy Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the aforementioned, the Rent Trucks Easy Platform is not available to children (persons under the age of 18) or Rent Trucks Easy Users who have had their Rent Trucks Easy User account temporarily or permanently deactivated. By becoming a Rent Trucks Easy User, you assure and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
As a User, you agree that any amounts charged following a delivery (a “Charge”) are obligatory and due and payable immediately upon completion of the delivery. Charges include Delivery Fees and other applicable fees, tolls, surcharges, and taxes as set forth in your region, plus any tips to the Driver that you wish to pay. Rent Trucks Easy has the authority and reserves the right to regulate and modify pricing. You shall be responsible for all Charges incurred under your User account regardless of your consciousness of such Charges or the amounts thereof. In all markets, Charges are subject to maximum limits and in no event shall they overreach $500.
- Delivery Fees. Delivery Fees are composed of a base price and incremental charges based on the duration and distance of your Delivery. For particularly short rides, minimum Delivery Fees may apply.
- Trust & Safety Fee. Rent Trucks Easy may assess a per-delivery “Trust & Safety Fee” to offset Rent Trucks Easy’s expenses related to encouraging trust and safety on the Rent Trucks Easy platform. Such expenses are dynamic and may or may not exceed Rent Trucks Easy’s Trust & Safety Fee collections. Excess Trust & Safety Fee collections, if any, will be deemed general income.
- Cancellation Fee. In the event that you cancel a delivery request on the Rent Trucks Easy Platform more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your delivery Driver in a timely manner, you agree to pay a “Cancellation Fee”. We may also estimate a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the Rent Trucks Easy Platform or the supply of Services.
- Damage Fee. If a Driver reports that you have materially damaged the Driver’s vehicle, you accept to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Rent Trucks Easy in its sole discretion), against vehicle repair or cleaning. Rent Trucks Easy reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Charges. Other fees, tolls, and surcharges may apply to your ride, including: actual or previous airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, where obliged by law Rent Trucks Easy will collect applicable taxes. Any tips will be provided entirely to the applicable Driver.
- Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Rent Trucks Easy may replace its third-party payment processing services without notice to you. Charges shall only be made through the Rent Trucks Easy Platform. Cash payments are severely prohibited.
- No Refunds. Charges are assessed immediately following completion of the delivery to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times nevertheless of your decision to abort usage of the Rent Trucks EasyPlatform, any interruption to the Rent Trucks Easy Platform or Services, or any other reason whatsoever.
- Promotions. Rent Trucks Easy, at its sole discretion, may make accessible promotions with different features to any of our Users or future Users. These promotions, unless made to you, shall have no attitude whatsoever on your Agreement or bond with Rent Trucks Easy.
- Credit Card Authorization. Upon addition of a new payment method or each delivery request, Rent Trucks Easy may request authorization of your selected payment method to verify your payment method, assure the delivery cost will be covered, and protect against unapproved behavior. The authorization is not a charge, however, it may diminish your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization surpass the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recuperate them from your issuing bank.
As a Driver, you will receive applicable Delivery Fees (net of Rent Trucks Easy’s Administrative Fee, as debated below) and any tips given by Users to you for the Services you provide. Rent Trucks Easy will process all payments due to you through its third party payments processor. You accept and agree that such shall not include any interest and will be net of any quantities that we are required to restrain by law. You explicitly authorize Rent Trucks Easy to set the prices on your behalf for all Charges that apply to the presentation of Services. Rent Trucks Easy reserves the right to restrain all or a portion of Delivery Fees if it believes that you have attempted to defraud or abuse Rent Trucks Easy or Rent Trucks Easy’s payment systems.
In exchange for allowing you to offer your Services through the Rent Trucks Easy Platform and marketplace as a Driver, you accept to pay Rent Trucks Easy (and permit Rent Trucks Easy to retain) a fee of up to 30% (the “Administrative Fee”) of the Delivery Fees paid by Users for such Services. In certain jurisdictions, including but not restrained to Florida, you accp to pay Rent Trucks Easy an Administrative Fee of up to 30% of Delivery Fees to cover additional operating costs. The amount of the applicable Administrative Fee will be communicated to you in writing but is subject to change on a prospective basis at Rent Trucks Easy’s discretion. You comprehend and agree that the Trust & Safety Fee, airport fees, processing fees for separate payments, or any taxes or state or local fees inflicted on and collected by Rent Trucks Easy shall be retained solely by Rent Trucks Easy.
Rent Trucks Easy, at its sole preference, may make obtainable promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no attitude whatsoever on your Agreement or bond with Rent Trucks Easy.
You are solely accountable for your Information and your interactions with other members of the public, and we act only as a compliant conduit for your online posting of your Information. You agree to provide and maintain precise, contemporary and complete information and that we and other members of the public may rely on your Information as precise, contemporary and complete.
You pledge and represent to us that you are the sole originator of your Information. To allow the Rent Trucks Easy Platform to use your Information, you grant to us a non-unique, worldwide, ceaseless, unchangeable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, execute, exhibit and share such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not presently known. Rent Trucks Easy does not declare any ownership over your Information; rather, as between us and you, subject to the rights allowed to us in this Agreement, you maintain full ownership of all of your Information and any psychological property rights or other proprietary rights associated with your Information.
You are the sole allowed user of your account. You are responsible for preserving the confidentiality of any password provided by you or Rent Trucks Easy for accessing the Rent Trucks Easy Platform. You are solely and fully responsible for all activities that happen under your Rent Trucks Easy User account, and Rent Trucks Easy explicitly disclaims any liability emerging from the unapproved use of your Rent Trucks Easy User account. Should you suspect that any unapproved party may be using your Rent Trucks Easy User account or you suspect any other violation of security, you agree to notify us instantly.
Social Networking Sites
As part of the functionality of the Rent Trucks Easy Platform, you may be able to register or login to your Rent Trucks Easy account through online accounts you may have with third party social networking sites (each such account, an “SNS Account”) by either providing your SNS Account login information through the Rent Trucks Easy Platform or authorizing Rent Trucks Easy to access your SNS Account. By allowing Rent Trucks Easy access to any SNS Accounts, you understand that Rent Trucks Easy may access, make accessible and store any content that you have given to and stored in your SNS Account including without restriction any friend, reciprocal friends, contacts or following/followed lists (the “SNS Content”) so that it is accessible on and through the Rent Trucks Easy Platform to other Rent Trucks Easy Users. Unless otherwise stated in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be accessible on and through the Rent Trucks Easy Platform.
Rent Trucks Easy Communications
By becoming a Rent Trucks Easy User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Rent Trucks Easy, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Rent Trucks Easy, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your Rent Trucks Easy User account or use of the Rent Trucks Easy Platform or Services, updates concerning new and existing features on the Rent Trucks Easy Platform, communications concerning promotions run by us or our third party partners, and news concerning Rent Trucks Easy and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU, INCLUDING THE “END” AND “STOPALL” OPTIONS DESCRIBED BELOW. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Rent Trucks Easy Platform or the Services. You may opt-out of receiving promotional or marketing texts or calls from Rent Trucks Easy at any time by texting the word END to from the mobile device receiving the messages. You may also opt-out of receiving all texts or calls from Rent Trucks Easy (including informational or transactional messages) by texting the word STOPALL to from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Rent Trucks Easy Platform or the Services.
With respect to your use of the Rent Trucks Easy Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, ordinance or regulation;
- interfere with or disrupt the Services or the Rent Trucks Easy Platform or the servers or networks connected to the Rent Trucks Easy Platform;
- post Information or interact on the Rent Trucks Easy Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Rent Trucks Easy Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Rent Trucks Easy Platform;
- “frame” or “mirror” any part of the Rent Trucks Easy Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Rent Trucks Easy Platform or any software used on or for the Rent Trucks Easy Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Rent Trucks Easy Platform or access to any portion of the Rent Trucks Easy Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Rent Trucks Easy Platform or its contents;
- create liability for us or cause us to become subject to regulation as a transportation carrier or provider of cargo/delivery service;
- link directly or indirectly to any other web sites;
- transfer or sell your Rent Trucks Easy User account, password and/or identification to any other party; or
- cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your Rent Trucks Easy User account if you do not comply with these prohibitions.
Driver Representations and Warranties
By providing Services as a Driver on the Rent Trucks Easy Platform, you represent, warrant, and agree that:
- You possess a valid driver’s license or International Drive License and are authorized and medically fit to operate a motor vehicle, lift or assist in lifting heavy objects, and have all appropriate licenses, approvals and authority to provide transportation to Cargo in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to Rent Trucks Easy, and you will not transport more Cargo than can securely be restrained in such vehicle.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Rent Trucks Easy’s insurance policies).
- In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to Rent Trucks Easy and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- You will not make any misrepresentation regarding Rent Trucks Easy , the Rent Trucks Easy Platform, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or delivery service, charge for deliveries(except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Rent Trucks Easy or Users in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Delivery Fees or other payments for the User(s) in question.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
Proprietary Rights and Trademark License
All intellectual property rights in the Rent Trucks Easy Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Rent Trucks Easy Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Rent Trucks Easy. Rent Trucks Easy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Rent Trucks Easy Marker and other Rent Trucks Easy logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Rent Trucks Easy in the United States and/or other countries (collectively, the “Rent Trucks Easy Marks”). If you provide Services as a Driver, Rent Trucks Easy grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Rent Trucks Easy Marks solely in connection with providing the Services through the Rent Trucks Easy Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Rent Trucks Easy’s prior written permission, which it may withhold in its sole discretion. The Rent Trucks Easy Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Rent Trucks Easy is the owner and licensor of the Rent Trucks Easy Marks, and that your use of the Rent Trucks Easy Marks will confer no additional interest in or ownership of the Rent Trucks Easy Marks in you but rather inures to the benefit of Rent Trucks Easy. You agree to use the Rent Trucks Easy Marks strictly in accordance with Rent Trucks Easy’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Rent Trucks Easy determines to nonconforming or otherwise unacceptable.
You agree that you will not:
- create any materials that incorporate the Rent Trucks Easy Marks or any derivatives of theRent Trucks Easy Marks other than as expressly approved by Rent Trucks Easy in writing;
- use the Rent Trucks Easy Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Rent Trucks Easy Marks other than in accordance with the terms, conditions and restrictions herein;
- take any other action that would jeopardize or impair Rent Trucks Easy’s rights as owner of the Rent Trucks Easy Marks or the legality and/or enforceability of the Rent Trucks Easy Marks, including, without limitation, challenging or opposing Rent Trucks Easy ’s ownership in the Rent Trucks Easy Marks;
- apply for trademark registration or renewal of trademark registration of any of the ent Trucks Easy x Marks, any derivative of the ent Trucks Easy Marks, any combination of the Rent Trucks Easy Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Tent Trucks Easy Marks;
- use the Rent Trucks Easy Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
***Violation of any provision of this License may result in immediate termination of the License, in Rent Trucks Easy’s sole discretion.***
The following disclaimers are made on behalf of Rent Trucks Easy, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Rent Trucks Easy Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Rent Trucks Easy Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Rent Trucks Easy Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Rent Trucks Easy Platform will be corrected, or that the Rent Trucks Easy Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Rent Trucks Easy Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or User will complete an arranged transportation service.
We cannot guarantee that each Rent Trucks Easy User is who he or she claims to be. Please use common sense when using the Rent Trucks Easy Platform and Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Rent Trucks Easy Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or User prior to engaging in an arranged transportation service.
Rent Trucks Easy is not responsible for the conduct, whether online or offline, of any Rent Trucks Easy User of the Rent Trucks Easy Platform or Services. You are solely responsible for your interactions with other Rent Trucks Easy Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Users. By using the Rent Trucks Easy Platform and participating in the Services, you agree to accept such risks and agree that Rent Trucks Easy is not responsible for the acts or omissions of Rent Trucks Easy Users on the Rent Trucks Easy Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Rent Trucks Easy Platform (including any profile information you provide), send to other Rent Trucks Easy Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Rent Trucks Easy Users on the Rent Trucks Easy Platform or through the Services. Please carefully select the type of information that you post on the Rent Trucks Easy Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Rent Trucks Easy Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Rent Trucks EasyPlatform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Rent Trucks Easy Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Rent Trucks Easy Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Rent Trucks Easy Users or others.
The Rent Trucks Easy Platform contains (or you may be sent through the Rent Trucks Easy Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Rent Trucks Easy Platform.
Location data provided by the Rent Trucks Easy Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Rent Trucks Easy, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Rent Trucks Easy Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Rent Trucks Easy Platform may be accessible to Rent Trucks Easy and certain Rent Trucks Easy Users of the Rent Trucks Easy Platform.
This paragraph applies to any version of the Rent Trucks Easy Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Rent Trucks Easy. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Rent Trucks Easy Platform. Rent Trucks Easy, not Apple, is solely responsible for the Rent Trucks Easy Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Rent Trucks Easy Platform and participation in the Services, including:
your breach of this Agreement or the documents it incorporates by reference;
your violation of any law or the rights of a third party, including, without limitation, Drivers, Users, other motorists, and pedestrians, as a result of your own interaction with such third party;
any allegation that any materials that you submit to us or transmit through the Rent Trucks Easy Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE RENT TRUCKS EASY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE RENT TRUCKS EASY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF RENT TRUCKS EASY’S INSURANCE POLICIES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE RENT TRUCKS EASY PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Rent Trucks Easy Users, you agree to release Rent Trucks Easy (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Rent Trucks Easy Users or to your use of the Rent Trucks Easy Platform or participation in the Services. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Rent Trucks Easy Users.
Term and Termination
This Agreement is effective upon your creation of a Rent Trucks Easy User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Rent Trucks Easy Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your Rent Trucks Easy User account (either as a User and/or Driver), or revoke your permission to access the Rent Trucks Easy Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Rent Trucks Easy Platform to any Rent Trucks Easy User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Rent Trucks Easy Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND RENT TRUCKS EASY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Rent Truck Easy’s business, operations and properties, including Rent Truck Easy User information (“Confidential Information”) disclosed to you by Rent Truck Easy for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Rent Truck Easy in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Rent Truck Easy with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Rent Truck Easy or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Rent Truck Easy; becomes known to you, without restriction, from a source other than Rent Truck Easy without breach of this Agreement by you and otherwise not in violation of Rent Truck Easy’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Rent Truck Easy to enable Rent Truck Easy to seek a protective order or otherwise prevent or restrict such disclosure.
You and Rent Truck Easy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Rent Truck Easyshall be given by certified mail, postage prepaid and return receipt requested to:
Rent Trucks Easily, Inc.
7401 #219 willes rd Coral Springs fl 33067
Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Rent Truck Easy Platform or given to you via the email address you provide to Rent Truck Easy during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Rent Truck Easy during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Rent Truck Easy, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Rent Truck Easy with respect to the subject matter hereof.
Data We Collect From You
In order to operate the Rent Truck Easy Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the Rent Truck Easy Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of your friends, if You choose to connect your contacts and address book information with Rent Truck Easy and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your Rent Truck Easy account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
- “non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the Rent Trucks Easy Platform; and
- “public information”, which consists of all other demographic information.
Please note that nowhere on the Rent Trucks Easy Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the Rent Truck Easy Platform, to contact You in connection with Your transactions and other activities on the Rent Truck Easy Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Rent Truck Easy), to forward trip information to You from other Rent Truck Easy Users, to forward trip information from You to other Rent Truck Easy Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the Rent Truck Easy Platform, including processing Your transactions and supporting Your activities on the Rent Truck Easy Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Rent Truck Easy Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Rent Truck EasyPlatform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
How We Use Demographic Data
How to Edit Your Information
Rent Truck Easy provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the Rent Truck Easy menu. There You can view, update and correct Your account information.
So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.
Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of Rent Truck Easy upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
Rent Truck Easy provides Rent Truck Easy Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. Rent Truck Easy gives Rent Truck Easy Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
Special Cases in Which We Share Personal Information
Our Security Precautions
Your Rent Truck Easy Profile is password-protected so that only You and authorized Rent Truck Easy employees have access to Your account information. If You have registered for Rent Truck Easy using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. Rent Truck Easy staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Rent Truck Easy account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
Rent Truck Easy has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
Contacting Rent Trucks Easy
If You have any questions about this privacy statement, the practices of Rent Truck Easy, or Your dealings with Rent Truck Easy You may contact us at