Business information
Note: WEquip does not use a web contact form. Customer inquiries are handled through the on-site chat assistant, by email, and by phone, so all messaging consent is collected through the account settings page, the booking flow, the chat assistant, or an inbound text from the customer.
About WEquip
Our Mission
WEquip is the community marketplace for renting anything — from spaces to tools to gear. We believe in the power of sharing resources to build stronger communities, reduce waste, and make equipment accessible to everyone.
How It Started
Founded in November 2022, WEquip was born from a simple idea: most equipment sits idle 90% of the time. We connect people who have equipment with people who need it, creating value for both sides.
What Makes Us Different
- Community-first: Every transaction supports local communities
- Charity integration: A portion of every rental can go to charity
- Trust & safety: ID verification, reviews, and secure payments
- Fair pricing: Smart pricing tools help owners set competitive rates
Our Team
We're a passionate team of builders, makers, and community advocates working to make renting as easy as buying.
WEquip connects people who own equipment, party and event gear, tools and spaces with people who want to rent them. Owners list items, renters book and pay through the site, and WEquip handles payments, insurance options and support. Timely coordination between the two parties is the reason text messaging is essential to the service.
How customers opt in to text messages
Opt-in methods
- Account settings (primary): a signed-in member adds a mobile number under Dashboard → Profile and turns on the "Text message alerts" toggle, which is off by default.
- Booking flow: an optional, unchecked text-alerts box at checkout.
- Website chat assistant: the visitor supplies a mobile number and confirms agreement to the disclosure in chat.
- Inbound text: the customer texts WEquip first, starting a customer-care conversation.
- Marketing messages require a separate, clearly labeled opt-in and are never sent on the basis of an account or transaction opt-in.
Exact consent language shown at the point of opt-in
By providing your mobile number and enabling text alerts, you agree to receive account and transaction text messages from WEquip at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to opt out, HELP for help. See our Text Messaging Terms and Privacy Policy.
Sample messages
WEquip: Jordan requested to rent your 18' Building Block Slide for Oct 4. Review and respond: https://rent.wequipusa.com/dashboard
WEquip: Your booking is confirmed for Oct 4, 9:00 AM. Pickup details are in your dashboard: https://rent.wequipusa.com/dashboard
WEquip: Paige is trying to reach you about a rental. Open your messages to reply: https://rent.wequipusa.com/dashboard/messages
Opt-out and help
Reply STOP to cancel at any time; a single confirmation message is sent and no further messages follow. Reply START to rejoin. Reply HELP, email [email protected], or call 636-344-0809 for assistance. Message and data rates may apply. Message frequency varies.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text-messaging originator opt-in data and consent are never shared with any third party. Sharing with subcontractors that support the platform, such as the provider that transmits messages on our behalf, is limited to what is needed to deliver the service.
Text Messaging (SMS) Terms & Opt-In Policy
Last updated: September 17, 2026
WEquip LLC ("WEquip", "we", "us") operates a peer-to-peer rental marketplace at https://rent.wequipusa.com. This page describes our text messaging (SMS/MMS) program, how you consent to receive messages, and how you stop them.
Program name and purpose
WEquip Rental Alerts. We send account and transaction text messages so renters and owners can coordinate rentals quickly — booking requests, approvals, pickup and return reminders, payment and payout notices, message alerts, and customer care replies. We also send occasional WEquip marketing or promotional messages, but only to people who separately opt in to marketing messages.
How you opt in (consent)
Consent to receive texts from WEquip is never a condition of purchase and is never bought, sold, rented, or shared with anyone.
You may opt in in any of the following ways:
- On your WEquip account settings page. While signed in, go to Dashboard → Profile, enter your mobile number, and turn on the "Text message alerts" toggle. The toggle is unchecked by default. The disclosure next to it reads: "By providing your mobile number and enabling text alerts, you agree to receive account and transaction text messages from WEquip at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to opt out, HELP for help. See our Text Messaging Terms and Privacy Policy."
- During checkout or booking, by checking the optional text-alerts box with the same disclosure.
- Through our website chat assistant, by providing your mobile number and confirming in the chat that you agree to receive text messages from WEquip on the terms above.
- By texting us first at our published number, which begins a customer-care conversation.
Marketing and promotional texts require a separate, clearly labeled opt-in checkbox and are never sent on the basis of an account or transaction opt-in alone.
Message frequency
Message frequency varies and depends on your activity on WEquip. Most members receive fewer than 10 messages per month. Marketing subscribers receive no more than 4 messages per month.
Cost
Message and data rates may apply. WEquip does not charge for text messages; your mobile carrier may. Carriers are not liable for delayed or undelivered messages.
Sample messages
How to opt out — STOP
Reply STOP to any WEquip text message to cancel at any time. You will receive a one-time confirmation that no further messages will be sent, and we will stop texting that number. You may also turn text alerts off in Dashboard → Profile, or email us and ask to be removed. Opting out of texts does not close your account or stop email notifications.
To rejoin, reply START or turn text alerts back on in your account.
Help
Reply HELP to any message for assistance, email [email protected], or call 636-344-0809. Support is available Monday–Friday, 9:00 AM–5:00 PM Central.
Supported carriers
Messages are supported on major U.S. carriers, including AT&T, Verizon Wireless, T-Mobile, Sprint, U.S. Cellular, Boost, MetroPCS, Cricket, and others. Carriers are not liable for delayed or undelivered messages.
Privacy
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories of personal information are handled as described in our Privacy Policy. Information sharing with subcontractors who support our platform — such as our messaging provider, which transmits messages on our behalf — is limited to what is needed to deliver the service, and text-messaging originator opt-in data and consent are never shared with any third party.
Contact
WEquip LLC
Missouri, United States
Email: [email protected]
Phone: 636-344-0809
Text: +1 636-736-6456
Web: https://rent.wequipusa.com
Privacy Policy
Updated as of June 16th, 2023
At WEquip LLC (“ WEquip”, “ we”, “ our”, or “ us”), we are committed to respecting your privacy. For this reason, we want to be upfront with you in terms of letting you know what information we may collect and how we might use it.
This policy describes the types of information we may collect from you or that you may provide when you visit the Site https://www.wequipusa.com (the “ Site”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Although WEquip remains the sole owner of the information collected on the Site, non-public personal information may be shared with WEquip affiliates or partners to service or complete requested transactions. We will not sell, share, or rent this information to others in ways different from what is disclosed in this Privacy Policy. WEquip collects information from visitors, users, and others who register for or otherwise access the WEquip Site or use the WEquip Service (“ Users”). We collect this information from Users at several different points on our Site.
The “ WEquip Service” is an online platform that enables Users to loan out their items (such Users, the “ Owners”) to other Users who desire to borrow the Owners' items (such Users, the “ Renters”) in exchange for payment of fees to the Owner and WEquip. Each such lending transaction between Owners and Renters is referred to as a “ Transaction”, and each item that is the subject of a Transaction is referred to as an “ Item”.
This policy applies to information we collect:
On the Site;
As part of facilitating all Transactions;
In email, text, and other electronic messages between you and WEquip; and
Through WEquip mobile applications, which provide dedicated non-browser-based interaction between you and the Site.
This Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags, and other technologies and offer other relevant ads.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the WEquip Site. By accessing or using the Site, you agree to this Privacy Policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the WEquip marketplace after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
As used in this Privacy Policy, the term “ personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, email address, driver’s license number, credit card number, or any other account number). Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when that information is linked to other personal information that identifies the individual. Personal information does not include “aggregate” information, which is data we collect about the use of the WEquip marketplace or a group or category of products, services, or Users if all personal information has been removed.
When you offer Items for rent through the WEquip Site we will ask you for certain personal information, including your name, contact information, and information about your Item. We may also require additional financial information from you to facilitate payment to you and to process any filings required by applicable tax authorities. When you rent Items through the WEquip Site, we will ask you for your name, contact information, payment information, and other personal information. We may also require additional financial information from you to facilitate payments and to process any filings required by applicable tax authorities. We will maintain records for a reasonable period concerning your registration with and use of the WEquip Site, including any correspondence you have with us.
You also may provide information to be published or displayed (“posted”) on public areas of the Site, or transmitted to other Users of the Site (collectively, “ User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other Users with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
We reserve the right to review and store User Contributions, including your postings on Site pages and your communications to other Users using the Site’s messaging capabilities. We may use those communications for internal purposes, including to better understand how Users use the Site, as well as for security purposes. We are not obligated or required to review any communications and make no commitment to do so or to take any specific action concerning those communications.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to the Site, including traffic data, , and other communication data and the resources that you access and use on the Site; andInformation about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Site according to your individual interests.
Speed up your searches.
Recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
Cookies: A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
Web Beacons: Pages of our Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count Users who have visited those pages and for other related Site statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Site Analytics: We have enabled Google Analytics to assist us in collecting various pieces of demographic information. Specifically, we have enabled geographic and general Site movement pattern features. You can opt-out of any Google Analytics features that we use by utilizing Google’s currently available opt-outs. You can also opt-out of Google Analytics through your Google Ad Settings and Ad Settings for mobile applications.
USE OF INFORMATION AND INFORMATION VERIFICATION
WEquip will use your personal information solely for its internal business purposes in connection with the provision of the WEquip Service. That includes use of your information: to facilitate our administration and operation of the Site; to understand better how our Users engage with the Site; to present our Site and its contents to you; to verify your account information; to provide you with notices about your account; in any other way we may describe when you provide the information; to process your requests and Transactions; to provide you with information or services you request; and to inform you about other promotions or products or services we think will be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may also collect information from third-party service providers. Any information we collect about you may be combined and used to help us tailor our services and communications to you and may be shared with third parties consistent with this Privacy Policy. This information may also be used to determine your eligibility for an insurance policy. You hereby authorize WEquip to request, receive, use, and store such information for a reasonable period. Additionally, you agree that the personal information provided by you may be linked together or merged with other personal information so that we may gain a better understanding of your account information and your use of the marketplace. In any case, this Privacy Policy governs any information we maintain about you and your use of the Site.
DISCLOSURE OF YOUR INFORMATION
WEquip will not sell, trade, or rent your personal information to others, or share the personal information we collect from you with third parties except as described in this Privacy Policy. If you agree to a Transaction through the WEquip Site, WEquip may provide elements of your personal information to the other party in that Transaction as reasonably necessary to facilitate the rental. For example, WEquip may provide your mobile phone number to facilitate communication or your photograph to facilitate identification.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
In addition to information verification providers described above, we may share personal information with other vendors and service providers who are engaged by or working with us in connection with the operation of our Site and WEquip Service and who need access to such information to carry out their work for us. WEquip will endeavor to choose service providers who have agreed to protect the confidentiality of any personal information the service provider receives. WEquip is not responsible for the act or omissions of its service providers.
If WEquip offers or promotes services in conjunction with another company, and you request those services (or additional information about them), you consent to our sharing your personal information with those parties. In those cases, we will only share the information reasonably needed to provide you with the applicable service. Information that is shared with third parties as described in this paragraph is subject to the privacy policies of those parties, which may differ from this Privacy Policy. WEquip is not responsible for the acts or omissions of those third parties. We encourage you to become familiar with their practices before disclosing information directly to them.
WEquip may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of WEquip, our Users, our employees or the public. That includes actions we may take to protect WEquip or our Users from fraudulent, abusive, inappropriate, or unlawful use of our site or marketplace.
Information about our Users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of WEquip, or as part of a bankruptcy, liquidation or similar proceeding.
You understand that when you use the site, the information you post in your profile or any other area of the Site will be available to other Users and in some cases may be publicly accessible.
AGGREGATE DATA
WEquip may compile aggregate information about the use of the WEquip Service. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our Users’ needs so that we can better consider new features or otherwise tailor our marketplace. WEquip may also share aggregated demographic information with advertisers and partners. This Privacy Policy in no way restricts or limits our collection and use of aggregate information.
SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. \[All information you provide to us is stored on our secure servers behind firewalls. Our payment transaction processor is a certified PCI Service Provider Level 1 (this is the most stringent level of certification available in the payments industry) using best-in-class security tools and practices to maintain a high level of security.
The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
OUR POLICIES CONCERNING CHILDREN AND MINORS
Our Site and the WEquip Service is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site or through any of its features, register on the Site, conduct any Transactions through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].
YOUR STATE PRIVACY RIGHTS
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, see below. Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to: Confirm whether we process their personal information. Access and delete certain personal information. Data portability. Opt-out of personal data processing for targeted advertising and sales.Colorado, Connecticut, and Virginia also provide their state residents with rights to: Correct inaccuracies in their personal information, taking into account the information's nature or processing purpose. Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.To exercise any of these rights please contact us via email at [email protected] and include “Privacy Officer” in the subject line.
CALIFORNIA PRIVACY RIGHTS
If you are a User that resides in the State of California, please see our supplemental policy.
CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy may change from time to time as we continue to evaluate this policy against new technologies, regulations, and business practices. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice, including by email. We will also keep prior versions of this Privacy Policy in an archive for your review.
CONTACT
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with WEquip, contact us at [email protected] and include “Privacy Officer” in the subject line. If you need to reach us by mail, please write to WEquip, 2987 Bromley Drive, O’Fallon, MO 63368, Attn: Privacy Officer.Thanks for using WEquip!
WEQUIP PRIVACY POLICY SUPPLEMENT FOR CALIFORNIA RESIDENTS
Last Updated on: June 16th, 2023.
This Privacy Policy for California Residents supplements the information contained in WEquip’s general Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (" consumers" or " you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.
INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (" personal information"). Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA's scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
YES
B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
YES
C. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
D. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
YES
F. Geolocation data.
Physical location or movements.
NO
G. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
H. Professional or employment-related information.
Current or past job history or performance evaluations.
NO
I. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
J. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
USE OF PERSONAL INFORMATION
See our general Privacy Policy.
YOUR RIGHTS AND CHOICES
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
The categories of personal information we collected about you.;
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased;
and.
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).
Right to Delete: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the Transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
Exercising Your Rights to Know or Delete: To exercise your rights to know or delete described above, please submit a request by either:
Calling us at 1-888-695-1722.
Emailing us at [email protected]
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.
You may only submit a request to know or delete twice within a 12-month period. Your request to know or delete must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
your full name, address, date of birth and driver’s license number.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in the request to verify the requestor's identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format: We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us [email protected] and include “Privacy Officer” in the subject line.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights: If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: <www.wequipusa.com/contact>.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by contacting us through the following Internet Web page link: <www.wequipusa.com/contact>.
NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
CHANGES TO OUR PRIVACY POLICY
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Site and update the notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
CONTACT INFORMATION
If you have any questions or comments about this notice, the ways in which WEquip collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: 1-888-695-1722
Email: [email protected]
Postal Address: WEquip LLC, 2987 Bromley Drive, O’Fallon, MO 63368, Attn: Privacy Officer
Hello
Text Messaging (SMS) and Mobile Information
WEquip may send you text messages about your account and rentals if you provide a mobile number and turn on text alerts. Consent to receive texts is never a condition of purchase, and you can reply STOP at any time to cancel or HELP for assistance. Message and data rates may apply, and message frequency varies.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text-messaging originator opt-in data and consent are never shared with any third party. Information sharing with subcontractors who support our platform — for example, the messaging provider that transmits messages on our behalf — is limited to what is required to deliver the service.
Full details, including sample messages, message frequency, and opt-out instructions, are in our Text Messaging (SMS) Terms at https://rent.wequipusa.com/sms-terms.
Terms of Service
Updated as of June 17th, 2023
By using our services, you agree to these Terms of Service, which form a binding contract between you and WEquip. It can be tempting to avoid reading them, but it’s important to establish what you can expect from us, and what we expect from you. Please read them carefully.
Welcome to https://www.wequipusa.com (the “ Site”), a website owned and operated by WEquip LLC (“ WEquip”, “ we”, “ our”, or “ us”). This page explains the terms by which you may use the Site, our online and/or mobile services, and our related software provided on or in connection with the service (collectively, the “ WEquip Service”). These Terms of Service apply to all visitors, users, and others who register for or otherwise access the WEquip Site or use the WEquip Service (“ Users”).The WEquip Service is an online platform that enables Users to loan out their items (such Users, the “ Owners”) to other Users who desire to borrow the Owners' items (such Users, the “ Renters”) in exchange for payment of fees to the Owner and WEquip. Each such lending transaction between Owners and Renters is referred to as a “ Transaction”, and each item that is the subject of a Transaction is referred to as an “ Item”. YOU REPRESENT TO US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SITE OR OTHER WEQUIP SERVICE. BY USING THE SITE OR WEQUIP SERVICE, YOU ALSO ACKNOWLEDGE AND AGREE TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THE WEQUIP PRIVACY POLICY (see \[URL\]), WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF SERVICE BY THIS REFERENCE.THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms of Service by reference. We may update these Terms of Service (i) to reflect changes in the WEquip Service or how we do business; (ii) for legal, regulatory, or security reasons; or (iii) to prevent abuse or harm. If we materially change these Terms of Service, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (a) when we launch a new service or feature, or (b) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your User Content (as defined below) and stop using the WEquip Service. You can also end your relationship with us at any time by closing your WEquip account.
TERMS OF SERVICE
1\. Use of the WEquip Service
1.1. Eligibility. You may use the WEquip Service only if you can form a binding contract with WEquip, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the WEquip Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms of Service. WEquip reserves the right to approve or reject any Users from joining or continuing to use the WEquip Service, except as prohibited by applicable law.
1.2. Limited License. Subject to these Terms of Service, we hereby grant to you a non-exclusive, limited, non-transferable, freely revocable license to use the WEquip Service solely as permitted by the features of the WEquip Service for your personal (it doesn’t extend to anyone else) and non-transferable (not for resale to others) use. WEquip reserves all rights not expressly granted herein in the WEquip Service and the WEquip Content (as defined below). WEquip may terminate this license at any time for any reason or no reason.
1.3. WEquip Accounts.
(a) Your WEquip account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We may maintain different types of accounts for different types of Users. If you open a WEquip account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant to us that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf. By connecting to the WEquip Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account.
(b) You must notify WEquip immediately of any breach of security or unauthorized use of your account. WEquip will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the WEquip Service by changing the settings in your profile page. By providing WEquip your email address you consent to our using the email address to send you WEquip Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the WEquip Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4. WEquip Service Rules. You agree not to: download, copy, distribute, or disclose any part of the WEquip Service in any medium, including without limitation by any automated or non-automated “scraping”; use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the WEquip Service or any content on the WEquip Service in a manner that sends more request messages to the WEquip servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; transmit spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations);attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the WEquip Service; or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; or interfere with the proper working of the WEquip Service; upload invalid data, viruses, worms, or other software agents through the WEquip Service; collect or harvest any personally identifiable information, including, but not limited to, account names, from the WEquip Service; use the WEquip Service for any commercial solicitation purposes; impersonate another person, hide your identity or commit fraud; modify, disassemble, decompile or reverse engineer the WEquip Service, except to the extent that such restriction is expressly prohibited by law; transact in any counterfeit or illegal items, or use the WEquip Service in violation of applicable law; use the WEquip Service to harass or abuse another User; or bypass the measures we may use to prevent or restrict access to the WEquip Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the WEquip Service or the content therein.
1.5. Changes to the WEquip Service. WEquip reserves the right to change or to cease providing the WEquip Service at any time and without prior notice. We may permanently or temporarily terminate or suspend your access to the WEquip Service for any or no reason, including without limitation if in our sole determination you violate any provision of these Terms of Service. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
1.6. Disputes with Other Users. You are solely responsible for your interactions with other Users, including but not limited to, any Transactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WEquip shall have no liability for your interactions with other Users, or for any User's action or inaction.
2\. Your User Content
2.1. User Content. Your “User Content” means all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the WEquip Service, on any of our social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any WEquip promoted hashtag. All User Content is deemed nonconfidential. You understand that certain portions of the WEquip Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the WEquip Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms of Service.
2.2. Your Ownership of User Content. Your User Content remains yours, which means that you retain any intellectual property rights that you have in your User Content. We need your permission (known as a ‘license’) if your intellectual property rights restrict our use of your User Content. This license covers your User Content if that content is protected by intellectual property rights. This license doesn’t affect your privacy rights, it’s only about your intellectual property rights.
2.3. Our License to Use Your User Content. You grant to WEquip a worldwide (valid anywhere in the world), non-exclusive (you can license your User Content to others), royalty-free (we do not owe or pay any monetary fees) license to: host, reproduce, distribute, communicate, and use your User Content — for example, to save your User Content on our systems and make it accessible from anywhere you go; publish, publicly perform, or publicly display your User Content, if you’ve made it visible to others; modify and create derivative works based on your User Content, such as reformatting or translating it; and sublicense these rights to: other users to allow the services to work as designed, such as enabling you to share photos with people you choose, and our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described below.
2.4. License Limitations. This license to use your User Content is for the limited purposes of: operating and improving the WEquip Service; to customize our services for you; to use the User Content you’ve shared publicly to promote the WEquip Service; and to develop new technologies and services consistent with these Terms of Service.
2.5. License Duration. This license lasts for as long as your User Content is protected by intellectual property rights. If you remove from our services any User Content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time.
2.6. Your Assurances to WEquip Regarding User Content. By submitting or posting User Content on the WEquip Service, or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant to us that: you have the rights to grant all of the rights and licenses in these Terms of Service without the need for payment to you or any other person or entity; you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; your User Content and WEquip's use thereof as contemplated by these Terms of Service and the WEquip Service will not violate any law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights; the User Content does not (a) contain false or misleading information, (b) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, (c) contain any addresses, email addresses, phone numbers or any contact information, or (d) contain computer viruses, worms or other harmful files; and to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
2.7. Your Obligations Regarding User Content. You are solely responsible for the User Content and you hereby agree to indemnify and hold WEquip and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
3\. Our Proprietary Rights
3.1. Intellectual Property. For the purposes of these Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, database rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.2. Our Rights; WEquip Content. Except for your User Content, the WEquip Service and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “WEquip Content”), and all Intellectual Property Rights related thereto, are the exclusive property of WEquip and its licensors (including without limitation other Users who post User Content to the WEquip Service). Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any WEquip Content. Use of the WEquip Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
3.3. WEquip Service Feedback. You may choose to or we may invite you to submit comments or ideas about the WEquip Service, including without limitation about how to improve the WEquip Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WEquip under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, WEquip does not waive any rights to use similar or related ideas previously known to WEquip, or developed by its employees, or obtained from sources other than you.
4\. Specific Terms for Owners
4.1. Transaction Acceptance and Cancellation. Transactions are solely between the Owner and Renter. WEquip is not a party to any Transaction. You may accept or reject any request from a Renter to enter into a Transaction at your sole discretion. Once you accept a request to enter into a Transaction, a legally binding agreement is formed between you and the applicable Renter. Once you enter into a Transaction with a Renter, you agree to be responsive to the Renter and to communicate with them to coordinate the delivery and return of the Item. If you, as an Owner, cancel a Transaction after you accept the Renter's request, you shall be liable to pay, and you authorize WEquip and its third-party payment processor to charge your payment method for, a cancellation charge of thirty percent (30%) of the Transaction Fee (as defined below) and WEquip may, at its sole discretion, credit the applicable Renter's account for a portion of your cancellation charge.
4.2. Item Listings and Descriptions. When listing an Item for Renters to borrow through the WEquip Service, Owners must: (i) provide complete and accurate information and descriptions about the Items; (ii) disclose any deficiencies, restrictions, and requirements that apply; and (iii) provide any other pertinent information requested by WEquip. Images or videos used in the Owner’s Item listings must accurately reflect the quality and condition of your Items. WEquip reserves the right to require that Item listings and descriptions have a minimum number of images or videos of a certain format, size and resolution.
4.3. Transaction Fee and Acceptance; Payment. (a) Owners are solely responsible for setting a price (including without limitation any taxes if applicable, or charges such as delivery fees) for the Renter to rent Items (“ Transaction Fee”). Once a Renter requests to borrow your Items, you may not request that the Renter pay a higher price than in the request, nor may you do any subsequent verification of the Renter. WEquip shall remit payment to you of the Transaction Fee (exclusive of the WEquip Commission (as defined below), no later than twenty-four (24) hours after scheduled start of the Renter's Item rental. Payment shall be in the form you select when you register for the WEquip Service, or as subsequently updated as permitted by the WEquip Service.(b) WEquip reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms of Service or amounts due to any breach of these Terms of Service by you, pending WEquip's reasonable investigation of such breach. WEquip also reserves the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information.(c) If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the WEquip Service. You agree to indemnify and hold us harmless from all claims related to taxes and government fees (excluding any taxes on our income), including any penalties and interest (“ Tax Liabilities”) that may result from your use of the WEquip Service. You agree that (i) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (ii) you are solely responsible and liable for payment of Tax Liabilities; and (iii) you shall not seek reimbursement from us for Tax Liabilities.(d) If you dispute any payment made hereunder, you must notify WEquip in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify WEquip shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes or other amounts from payments due to you as required by law.
4.4 Prohibited Items. You will not list or loan the following Items on the WEquip Service: (i) alcohol, tobacco, drugs and drug paraphernalia; (ii) illegal items, items promoting illegal activity and highly regulated items; (iii) pornography or mature content; (iv) items that violate the Intellectual Property Rights or other proprietary rights of any third party; (v) animals and animal products; and/or (vi) any Items that are not clean or in good condition. WEquip reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the WEquip Service, whether or not they are included on this list of prohibited Items.
4.5. Owner’s Representations and Warranties Regarding Items. When you enter into a Transaction as an Owner, you represent and warrant that: (i) you are in possession of all licenses and permits necessary to provide the Items to the Renters and WEquip pursuant to these Terms of Service; and (ii) the Items, your provision of the Items, and WEquip's and Renters' use of the Items under these Terms of Service will (a) not breach any agreements you have entered into with any third parties, (b) comply with all applicable laws, tax requirements, and other rules and regulations, and (c) will not violate any third party's proprietary rights, including, but not limited to, any Intellectual Property Rights and privacy rights.
4.6. Special Terms for Storage. If you offer to lend out your storage space (including, but not limited to, garages, lofts, attics, rooms, storage units, studios, and driveways), you acknowledge and agree that you: (i) are entirely responsible for providing proper security for the items being stored in your Items; (ii) are responsible for maintaining the condition of the storage space, to at least the condition that it is in when the Renter agrees to leave their items in the storage space; and (iii) are responsible for the care and protection of any and all Renter items contained in your storage space.
4.7. Special Terms for Meeting Spaces. If you offer to lend out your meeting space (including, but not limited to, conference and meeting rooms, office spaces, event spaces, and the like), you acknowledge and agree that you are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Item. For example, some leases, or homeowner and condominium associations with rules, restrict or prohibit subletting, or short-term rentals. Check your applicable contracts and local rules to learn what rules apply. Any information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for maintaining the condition of the space, to at least the condition that it is in when the Renter agrees to use the meeting space. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Item. You represent and warrant that you are permitted under applicable laws to offer and provide any meeting space Item, that the space complies with applicable laws, and that you will reasonably facilitate and not obstruct the use of the space. You acknowledge and agree that you may not list or confirm a booking for any meeting spaces that you do not own or for which you do not otherwise have express permission to list. As an Owner, if you have any type of security camera, surveillance equipment or other recording device in or around your meeting space, you are required to disclose it in the listing, even if it is not turned on or functional. You are also required to disclose how a Renter may be monitored if a recording will take place. Owners are not permitted to have any security cameras or other recording devices in private spaces, such as bathrooms, regardless of whether they have been disclosed. For the avoidance of doubt, a private space will not include any portion of a meeting space that has been designated to carry out a commercial purpose (for example, a conference room).
4.8. Item Rankings. The placement and ranking of Items in search results on the WEquip Service may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of images, customer service and cancellation history, and Reviews (as defined below) and Ratings (as defined below).
4.9. Owner Guarantee. As part of the WEquip Service, WEquip may allow Owner’s to be compensated for any Items that are lost, stolen, or damaged by filing a claim with WEquip. Details about the guarantee, including, but not limited to, any eligibility requirements, can be found at https://www.wequipusa.com/owner-guarantee. WEquip reserves the right to discontinue this Owner Guarantee for any or no reason and without notice to you or to Owners generally.
4.10. Special Terms for Heavy Equipment. As an Owner renting out heavy equipment, including but not limited to compact equipment (compact track loader, wheeled skid steer, mini excavators, backhoes, tractors), heavy earthmoving equipment (excavators, wheel loaders, dozers, water trucks), lifts and aerials (forklifts, scissor lifts, articulating boom lifts, straight boom lifts, towable boom lifts), surveying equipment, and golf carts, you are required to have your Renter purchase additional short-term Insurance coverage as these Items are not covered by WEquip's Owner Guarantee. Additional insurance coverage should be purchased through JT BATES GROUP at https://store.jtbatesgroup.com/product/purchase-rental-shield/. Once purchased, proof of insurance should be emailed to WEquip at [email protected] and retained by both the Owner and Renter.
4.11. Assumption of Risk; Release of Claims. AS AN OWNER, YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT TO LENDING YOUR ITEMS TO RENTERS IN CONNECTION WITH A TRANSACTION, INCLUDING BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF YOUR ITEM(S) AND THAT YOU ASSUME ALL RISK IN CONNECTION WITH LENDING YOUR ITEM(S) THROUGH THE WEQUIP SERVICE. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE WEQUIP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEQUIP SERVICE AS AN OWNER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTION(S) THAT YOU MAY ENTER INTO ON THE WEQUIP SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE “LIMITATION OF LIABILITY” SECTION OF THESE TERMS OF SERVICE SHALL APPLY TO THIS RELEASE.
5\. Specific Terms for Renters
5.1. Requests to Borrow. Transactions are solely between the Owner and Renter. WEquip is not a party to any Transaction. Subject to meeting any and all requirements set by WEquip and/or the Owner, you may borrow an Item through the WEquip Service by submitting a request to the Owner through the WEquip Service. WEquip reserves the right, but is under no obligation to, verify your request prior to delivering it to the applicable Owner. You may withdraw your request to borrow an Item without any charge or liability by notifying WEquip, provided such withdrawal is effected prior to the Owner's acceptance of the request.
5.2. Transaction Fee. The Transaction Fee will be presented to you prior to submitting your request to borrow an Item. Upon receipt of a booking confirmation from WEquip, a legally binding agreement is formed between you and the applicable Owner and you agree to pay the Transaction Fee attributable to the applicable Transaction, which shall be non-refundable, even if you cancel the Transaction.
5.3. Limited License and Return. You understand that when you enter into a Transaction, you are being granted a limited license granted by the Owner to borrow and use the Item for the period identified in your borrowing request. You agree to return the Items no later than the time that is indicated in the accepted borrowing request; provided that, you may request to extend the rental period from the Owner, who may choose to extend the rental period at the Owner's sole discretion. If you retain the Item beyond the agreed upon time or fail to use reasonable efforts to communicate with the Owner during your rental period to coordinate delivery and return of the Item, you no longer have a license to borrow and use the Item and the Owner is entitled to make you return the Items in a manner consistent with applicable law. In addition, you agree to pay for each twenty-four (24) hour period (or any portion thereof) that you retain the Item, an additional fee of up to two (2) times the average daily Transaction Fee originally paid by you to cover the inconvenience suffered by the Owner and WEquip, plus all applicable taxes, and any legal expenses incurred by the Owner and WEquip to make you return the Item unless and until such late fees reach the estimated value (as reasonably determined by WEquip) of the retained Items. You authorize WEquip and its third-party payment processors to charge your payment method for the fees described in this Section.
5.4. Damages to Items. Renters are responsible for returning the Item to the Owner in the condition it was in when they received the Item. Renters are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite to, or otherwise provide access to or use of the Item, excluding the Owner. In the event the Item is damaged (excluding normal wear and tear), lost, stolen or destroyed, the Renter agrees that WEquip and its third-party payment processors may charge the Renter’s payment method for up to the fair market value of the applicable Item to compensate for such damage, loss, or destruction of the Item.
5.5. Renter Representations and Warranties. By submitting a request to enter into a Transaction with an Owner, the Renter represents and warrants to WEquip and the Owner that: (i) Renter has read and accepted the description of the Item provided by the Owner; (ii) Renter has the funds available to cover the required payment Transaction Fee and any late charges for any Items retained after the rental period; (iii) Renter accepts responsibility for the Item and agrees to pay any late fees and charges in accordance with the terms of this Section 5; and (iv) Renter agrees to use the Item for its intended purposes and in compliance with any and all applicable laws, rules, and regulations.
5.6. Special Terms for Storage. If the Renter borrows storage space from an Owner, the Renter acknowledges and agrees that: (i) Renter will not store any hazardous materials in the storage space, including, but not limited to, any exotic animals or explosives; (ii) Renter will not store items or goods that have a fair market value in excess of $30,000.00; and (iii) Renter will not store any items in the Owner's storage space that Owners are not allowed to loan to Renters through the WEquip Service (see Section 4.4 above).
5.7. Assumption of Risk; Release of Claims. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE WEQUIP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEQUIP SERVICE AS A RENTER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTION(S) THAT YOU MAY ENTER INTO ON THE WEQUIP SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, THEN THE WAIVER OF CALIFORNIA CIVIL CODE §1542 CONTAINED IN THE “LIMITATION OF LIABILITY” SECTION OF THESE TERMS OF SERVICE SHALL APPLY TO THIS RELEASE.
6\. Fees and Payment Terms
6.1. WEquip Commission. WEquip receives a commission that is deducted and retained from the Transaction Fee prior to remittance to the Owner for Transactions taking place through the WEquip Service (“WEquip Commission”). This WEquip Commission is an amount equal to twenty-five percent (25%) of the Transaction Fee.
6.2. Commission Avoidance. You shall not engage in any practice which may avoid or lower the amount of the WEquip Commission that would otherwise have been payable had the Transaction been completed using the WEquip Service (such practices collectively referred to as “Commission Avoidance”). Commission Avoidance includes, without limitation, entering into any Transaction or otherwise coordinating to lend and borrow Items outside of the WEquip Service. In the event of engagement by any User(s) in any Commission Avoidance, such User(s) shall indemnify and hold harmless WEquip in respect of any losses suffered by WEquip as a result of such Commission Avoidance. In the event that you attempt to engage a User you met through the WEquip Service in a rental or transaction that does not use the WEquip Service, you are liable to pay, as liquidated damages and not a penalty, a fee equal to the lesser of (a) the WEquip Commission for the Transaction subject to Commission Avoidance or (b) $200.00, and WEquip may terminate your WEquip account without liability to you.
6.3. Payment Methods. We accept various payment methods for the WEquip Service, including, but not limited to, Mastercard, Visa, Discover, and American Express. For any fees on the WEquip Service payable to WEquip or other Users, WEquip or its third-party payment processor will bill your payment method submitted in connection with the Transaction or otherwise provided with your account. WEquip will not fulfill any transaction without authorization validation of your purchase from your payment method.
6.4. Payment Processing Services. Payments made through the WEquip Service are processed by Stripe. You can read their full terms and conditions here ( https://stripe.com/legal/ssa). Payment processing services for Owners on WEquip are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an Owner on WEquip, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of WEquip enabling payment processing services through Stripe, you agree to provide WEquip accurate and complete information about you and your business, and you authorize WEquip to share it and transaction information related to your use of the payment processing services provided by Stripe.
6.5. Interactions and Disputes between Owners and Renters. We care about the privacy of our Users. You understand that by using the WEquip Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, which is available for review here: https://www.wequipusa.com/privacy-policy.
7\. Interactions and Disputes between Owners and Renters
7.1. WEQUIP HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, ASSIST AND/OR RESOLVE ANY DISPUTE BETWEEN OWNERS AND RENTERS, INCLUDING WITHOUT LIMITATION AND BY WAY OF EXAMPLE, BY CHARGING THE FULL ESTIMATED FAIR MARKET VALUE OF BORROWED ITEMS TO THE RENTER’S PAYMENT METHOD IF IT IS DETERMINED THAT THE RENTER HAS STOLEN, LOST, OR DESTROYED THE OWNER’S ITEMS.
7.2. In the event that a Renter and an Owner are unable to resolve a dispute between them directly, they may ask WEquip to mediate the dispute. WEquip may accept or reject such request to be a mediator at its sole discretion. If WEquip accepts the request to act as a mediator, it may charge a fee of up to thirty percent (30%) of any amounts that WEquip determines is payable by the Renter to compensate the Owner for any loss or damage to the applicable Item. We will charge this amount to the Renter in addition to any amounts the Renter is required to pay to the Owner, which may include the fees attributable to those days that the Owner has been unable to lend the Items to other Renters.
8\. User Reviews and Ratings
Within a certain timeframe after completing a Transaction, Owners and Renters can leave a public review (“ Review”) and submit a star rating (“ Rating”) about each other. Ratings or Reviews reflect the opinions of the individual User and do not reflect the opinions of WEquip. Ratings and Reviews are not verified by WEquip for accuracy and may be incorrect or misleading. Users acknowledge and agree that the Reviews and Ratings they provide must be accurate, may not be false or misleading, and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Ratings and Reviews are part of a User's public profile and may be used elsewhere on the WEquip Service together with other relevant information such as number of Transactions, number of cancellations, average response time and any other information WEquip considers to be relevant.
9\. Data Security
WEquip cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures (see our Privacy Policy at https://www.wequipusa.com/privacy-policy) or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10\. Copyrights
10.1. DMCA. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the WEquip Service, please notify WEquip's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the WEquip Service;
Information reasonably sufficient to permit WEquip to contact you, such as your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice WEquip, Inc.
Address: 2987 Bromley Dr., O'Fallon, MO 63368
Telephone: 1-888-695-1722
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
10.2. DMCA Notice. Please note that this procedure is exclusively for notifying WEquip and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WEquip's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, WEquip has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. WEquip may also, at its sole discretion, limit access to the WEquip Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11\. Third-Party Links and Information
The WEquip Service may contain links to third-party websites and materials that are not owned or controlled by WEquip. WEquip does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the WEquip Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms of Service and WEquip's Privacy Policy do not apply to your use of such sites. You expressly relieve WEquip from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the WEquip Service, including, but not limited to, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that WEquip shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12\. Disclaimers, Limitation of Liability, and Release
12.1. WEquip Service Disclaimer. We endeavor to provide the best services we can and to specify clear guidelines for everyone who uses them. The WEquip Service, however, is provided "as is," and we make no guarantees that it will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what Users do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content or Items they share or rent (including offensive, inappropriate, obscene, unlawful, and other objectionable content). WEquip does not warrant, endorse, guarantee, or assume responsibility for any Item offered by an Owner or any product or service advertised or offered by a third party through the WEquip Service or any hyperlinked web-site or service, and WEquip will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12.2. Limitation of Our Liability. Our liability to you shall be limited to the fullest extent permitted by applicable law, and under no circumstance will WEquip, its affiliates, agents, directors, employees, suppliers or licensors be liable to you for any: loss of profits, goodwill, revenues, information, or data; or any consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms of Service or the WEquip Service (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service. In no event shall WEquip, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to WEquip hereunder or $100.00, whichever is greater. You acknowledge and agree that WEquip has no control over and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by you or any third party of any User Content. WEquip acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12.3. Release. WEquip does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting User Content, and by using the WEquip Service, you fully and unconditionally release and forever discharge WEquip and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by WEquip or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms of Service violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
If you are a California resident, you agree to waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
12.4. Removal of User Content. We retain the absolute right to remove and/or delete without notice any User Content within our control that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for such removal and/or deletion. We are not responsible or liable for failure to store posted content or other materials you transmit through the WEquip Service. You should take measures to preserve copies of any data, material, content or information you post on the WEquip Service or any other sites or platforms.
13\. Indemnity
You agree to defend, indemnify and hold harmless WEquip and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the WEquip Service, including without limitation any data or content transmitted or received by you and your lending and/or borrowing of any Items; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct, fraud and gross negligence; and (vii) any other party's access and use of the WEquip Service with your unique username, password or other appropriate security code.
14\. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
14.1. Governing Law. You agree that: (i) the WEquip Service shall be deemed solely based in Missouri; and (ii) the WEquip Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Missouri. These Terms of Service shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in St. Louis County, Missouri for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including, but not limited to, any provisional relief required to prevent irreparable harm. You agree that St. Louis County, Missouri is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
14.2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WEQUIP. For any dispute between you and WEquip, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that WEquip has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at <www.jamsadr.com>. The arbitration will be conducted in St. Louis County, Missouri, unless you and WEquip agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing WEquip from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
14.3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEQUIP SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WEQUIP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
15\. MOBILE APPLICATIONS
We may make available software to access the WEquip Service via a mobile device ("Mobile Applications"). WEquip does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. WEquip hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one WEquip User account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
These Terms of Service are between you and WEquip and not with the applicable Third Party App Store (e.g., Google Play Store, Apple App Store). Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Mobile Application. You agree to comply with, and your license to use the WEquip Service through a Mobile Application is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
16\. General
16.1. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WEquip without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
16.2. Notification Procedures. WEquip may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by WEquip in our sole discretion. WEquip reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Service.
16.3. Entire Agreement/Severability. These Terms of Service, together with any amendments and any additional agreements you may enter into with WEquip in connection with the WEquip Service, shall constitute the entire agreement between you and WEquip concerning the WEquip Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
16.4. No Waiver. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WEquip's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
16.5. Contact. Please contact us at [email protected] with any questions regarding these Terms of Service.
Text Messaging (SMS) Terms
By providing a mobile number and enabling text alerts, you agree to receive account and transaction text messages from WEquip at that number, including messages sent by an autodialer. Consent is not a condition of any purchase. Message and data rates may apply and message frequency varies. Reply STOP to cancel or HELP for help. Our complete text messaging terms, including sample messages and opt-in methods, are available at https://rent.wequipusa.com/sms-terms and are incorporated into these Terms of Service by reference.
Cancellation & Refund Policy
Last updated: June 24, 2026
This Cancellation & Refund Policy ("Policy") supplements and is incorporated by reference into the WEquip Terms of Service (the "Terms"). Capitalized terms used but not defined herein have the meanings given to them in the Terms. In the event of any conflict between this Policy and the Terms, the Terms control.
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1. Marketplace Role and Scope
1.1. Marketplace, not a counterparty. WEquip operates an online marketplace that enables independent equipment owners ("Owners") and renters ("Renters") to discover one another, negotiate, and enter into peer-to-peer rental, service, and (where offered) try-before-you-buy transactions ("Transactions"). WEquip is not a party to any Transaction, does not own, inspect, deliver, or operate the equipment, venues, or services listed, and does not act as an agent, broker, insurer, guarantor, or fiduciary for any user except where expressly stated in writing.
1.2. Application. This Policy governs (a) cancellations of Transactions by either party; (b) refunds of amounts collected by WEquip through its third-party payment processor; and (c) the handling of disputes that have a refund component. It applies to all Transactions booked through the WEquip platform in the United States.
1.3. Eligibility for refund processing. WEquip will process refunds only for amounts (i) charged through the WEquip platform via its third-party payment processor and (ii) that remain within WEquip's or the payment processor's control at the time the refund is requested. Cash, off-platform payments, deposits paid directly to an Owner, and any sums already paid out to an Owner that the Owner declines to return are not within WEquip's control and must be resolved directly between the parties.
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2. Booking Fees and Service Fees Are Non-Refundable
2.1. Renter booking confirmation is final as to platform fees. Once a Renter confirms a Transaction and payment is captured or pre-authorized, the WEquip service fee, processing fees, and any other platform charges (collectively, the "Platform Fees") are earned by WEquip in consideration for the marketplace, payment, trust-and-safety, and dispute-handling services rendered, and are non-refundable, even where the Transaction is later cancelled by the Renter, declined by the Owner, or modified by the parties. This provision applies to the maximum extent permitted by applicable law.
2.2. Owner Guarantee fees. Any contribution attributable to the Owner Guarantee program is similarly non-refundable once a Transaction is confirmed.
2.3. Exception — WEquip error. Where WEquip determines, in its sole and reasonable discretion, that a Platform Fee was charged in error (for example, duplicate capture caused by a system fault), WEquip will refund the affected fee without requiring further action by the user.
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3. Cancellations by the Renter
3.1. Right to request. A Renter may request cancellation of a Transaction at any time prior to the scheduled return of the Item by notifying the Owner through the WEquip messaging system and using the cancellation function in the Renter's dashboard.
3.2. Refundability of the rental amount. Whether, and to what extent, the rental subtotal (i.e., the amount payable to the Owner, exclusive of Platform Fees, taxes, and add-ons) is refundable is determined by (a) the cancellation terms, if any, expressly disclosed on the Listing at the time of booking; (b) any individually negotiated terms documented in the WEquip messaging system prior to acceptance; and (c) the Owner's discretion, exercised in good faith and consistent with the Terms. Absent an express written term to the contrary, the Owner is entitled to retain amounts reasonably attributable to losses sustained as a result of the cancellation (including, without limitation, lost-booking damages where the Item cannot be re-rented for the same window).
3.3. Platform Fees. Platform Fees are non-refundable as set forth in Section 2.
3.4. No-shows and abandonment. A Renter who fails to take possession of the Item at the scheduled start time without prior written agreement with the Owner shall be treated as having cancelled at the start of the rental and shall not be entitled to any refund of the rental subtotal, except where the failure is attributable to the Owner.
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4. Cancellations by the Owner
4.1. Owner cancellation charge. If an Owner cancels a Transaction after acceptance, the Owner shall be liable to WEquip for, and authorizes WEquip and its third-party payment processor to charge or offset against future payouts, a cancellation charge equal to thirty percent (30%) of the total Transaction value (the "Owner Cancellation Charge"), as further described in the Terms. The Owner Cancellation Charge is intended as a reasonable estimate of the harm caused to WEquip and the affected Renter and is not a penalty.
4.2. Renter remedies on Owner cancellation. Where the Owner cancels prior to the rental start and is at fault, the Renter shall be refunded (a) one hundred percent (100%) of the rental subtotal charged for the cancelled Transaction; and (b) any pre-authorized but uncaptured security deposit shall be released. Platform Fees attributable to the cancelled Transaction will, at WEquip's discretion, either be refunded or credited toward a replacement booking made within ninety (90) days.
4.3. Repeat cancellations. WEquip reserves the right, in its sole discretion, to issue warnings, restrict listing privileges, suspend, or terminate the account of any Owner who exhibits a pattern of post-acceptance cancellations.
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5. WEquip Owner Guarantee and Damage Claims
5.1. Independent process. Claims arising from loss, theft, or damage to an Item during the rental period are handled under the WEquip Owner Guarantee and are not "refunds" for purposes of this Policy. Filing or recovery under the Owner Guarantee does not entitle the claimant to a refund of Platform Fees.
5.2. Security deposits. Where a security deposit was authorized at booking, the deposit may be captured, in whole or in part, in accordance with the Terms and the Owner Guarantee process, before any refund is issued.
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6. Refund Mechanics and Timing
6.1. Original payment method. Approved refunds are returned to the original payment method used at booking. WEquip cannot redirect refunds to a different card, account, or person.
6.2. Processing time. Once a refund is approved, WEquip will initiate the refund with its third-party payment processor promptly. Funds typically appear on the Renter's statement within up to fourteen (14) business days, although the actual posting time is controlled by the Renter's issuing bank or card network and is outside WEquip's control.
6.3. Currency and fees. Refunds are issued in the original transaction currency. WEquip is not responsible for any foreign-exchange variance, bank fees, or interchange costs incurred between the original charge and the refund.
6.4. Partial refunds. Where a refund is partial, the unrefunded portion represents amounts retained by the Owner pursuant to Section 3.2, non-refundable Platform Fees, or amounts applied against documented damages, late returns, cleaning, or other charges permitted by the Terms.
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7. Disputes, Chargebacks, and Order of Operations
7.1. Contact WEquip first. Before initiating a chargeback or payment-network dispute with a card issuer or bank, the Renter agrees to first attempt resolution by (a) contacting the Owner through the WEquip messaging system; and (b) if unresolved within seventy-two (72) hours, contacting WEquip support through the Contact page. This obligation is a material term of the Terms.
7.2. Cooperation. Each party agrees to cooperate in good faith with WEquip's investigation of any dispute, including by providing photographs, communications, receipts, and inspection records on request. WEquip's good-faith determination of a dispute is final as between the parties for purposes of refund issuance, without prejudice to the parties' rights at law.
7.3. Chargebacks. Initiating a chargeback before complying with Section 7.1, or in connection with a Transaction in which the Renter received the substantial benefit of the bargain, may result in (a) account suspension; (b) recovery of the disputed amount, plus reasonable processing and administrative fees; and (c) referral to collections.
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8. Try-Before-You-Buy and Purchase Transactions
8.1. Where a Listing offers a try-before-you-buy option and the Renter elects to purchase the Item, the rental portion of the Transaction is consumed and is not refundable as a "cancellation"; the post-purchase relationship is governed by the sale terms agreed between the Owner and Renter. WEquip does not warrant or guarantee any sale.
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9. Gift Cards, Credits, and Promotions
9.1. Gift cards. Amounts loaded onto WEquip gift cards are non-refundable except where required by applicable law. Unused gift-card balances do not expire and remain redeemable on the platform.
9.2. Promotional credits. Promotional credits, discounts, and waivers have no cash value, are non-transferable, and are forfeited upon cancellation of the associated Transaction unless expressly stated otherwise.
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10. Changes to This Policy
WEquip may amend this Policy from time to time by posting an updated version on this page and updating the "Last updated" date. Material changes will apply prospectively to Transactions booked on or after the effective date of the change. Continued use of the platform after the effective date constitutes acceptance of the revised Policy.
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11. Contact
Questions, refund requests, or notices under this Policy should be directed to WEquip via the Contact page. Please include the Transaction ID, the names of both parties, and a brief description of the issue so that we can assist promptly.
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*This page is maintained by WEquip USA and is intended as a plain-language summary of cancellation and refund practices on the WEquip marketplace. It is not legal advice. To the extent of any conflict, the Terms of Service control.*
Frequently Asked Questions
General
What is WEquip?
WEquip is a US peer-to-peer rental marketplace where you can rent equipment, venues, vehicles, and services from vetted owners in your community — or earn money listing the gear, spaces, and skills you already own.
How does WEquip work?
Browse listings by category or location, pick your dates, and submit a booking request. The owner has up to 72 hours to accept. Once accepted, payment is captured, you coordinate pickup or delivery in the WEquip messages, use the item, and return it. Both sides leave a review.
Where is WEquip available?
WEquip operates across the United States. Listing availability varies by market — owners set their own pickup, delivery, and service radius on each listing.
Is there a fee to sign up or list?
No. Creating an account and posting listings is free. WEquip only earns when a booking is completed.
Do you have a mobile app?
Not yet. The WEquip site is fully mobile-optimized and works like an app from your phone's browser — add it to your home screen for one-tap access.
Renting
How do I pay for a rental?
All payments run through Stripe, our PCI-compliant payment processor. We accept all major credit and debit cards. WEquip never sees or stores your full card number.
When am I charged?
Your card is pre-authorized when you submit a booking request. The charge is only captured once the owner accepts. If the owner declines or doesn't respond within 72 hours, the authorization is released automatically.
Why do I need to verify my identity?
Every renter and owner must complete Stripe Identity verification before booking or listing. It protects both sides of the transaction and is required to use the platform. Stripe handles the ID check directly — WEquip never sees the underlying documents. Learn more about Stripe Identity.
How do I get the item?
Use the in-app messaging to coordinate with the owner. Most rentals are arranged as owner-pickup, renter-pickup at the owner's location, or a public meeting spot. Some owners offer paid delivery — that option appears on the listing when available.
Can I cancel a booking?
Yes. Cancellation terms follow our Cancellation & Refund Policy. The platform service fee is non-refundable once a booking is confirmed; the rental subtotal is refunded according to the policy and any listing-specific terms disclosed at booking.
What if the item isn't as described or doesn't show up?
Message the owner first through WEquip. If the issue isn't resolved within 72 hours, contact WEquip support via the Contact page before initiating any chargeback. We'll review and, where the owner is at fault, refund the full rental subtotal.
Are security deposits required?
Only when the owner sets one on a listing. If a deposit is required, it's pre-authorized (not charged) at booking and released after a clean return.
Can I extend a rental?
Yes, if the owner has availability. Send an extension request through the WEquip messages and the owner can accept it directly in the platform — additional charges are billed automatically.
Listing & Earning
How do I list an item, space, or service?
Go to your Dashboard and click "New Listing." Our 9-step wizard walks you through photos, pricing, availability, delivery options, and policies. Every listing is reviewed before going live.
How much will I earn?
You set the price. You keep 75% of every completed booking; WEquip retains 25% to cover payment processing, identity verification, the Owner Guarantee, support, and platform operations.
When do I get paid?
Payouts are released to your connected Stripe Express account 24 hours after the rental ends, then take 2–5 business days to land in your bank, depending on your bank's processing speed.
How is pricing decided?
You're in full control. The listing wizard suggests a competitive range based on similar listings in your area — you can accept the suggestion or set your own daily, weekly, monthly, or hourly rate.
Can my LLC or company list on WEquip?
Yes. You can switch any account to a business account in Settings. Business accounts can issue receipts under your company name and connect a business bank account through Stripe.
Do I need insurance to list?
Personal items are covered up to the limits described on the Owner Guarantee page. For commercial-grade equipment, venues, or vehicles, we recommend maintaining your own commercial liability and property insurance. Renters must sign a liability waiver before pickup.
Protection, Damage & Disputes
If my item gets damaged or broken, am I covered?
Yes — the WEquip Owner Guarantee reimburses owners for eligible damage, loss, or theft that occurs during a booked rental period, subject to the terms on that page. File a claim within 72 hours of the rental ending and include photos, the original condition report, and any messages with the renter.
What's a liability waiver and who signs it?
Owners may request you sign a liability form for your rental. It acknowledges you're responsible for safe use and for the condition of the item until return. WEquip has a waiver form for owners to utilize, or they can provide their own if they wish.
How are disputes handled?
Always try to resolve directly in WEquip messages first. If that fails, open a ticket with WEquip support within 72 hours. Our trust-and-safety team reviews the messages, photos, and booking record and makes a binding decision for purposes of refunds and Owner Guarantee payouts.
Fees, Taxes & Receipts
What fees does WEquip charge?
WEquip charges a single 25% service fee per completed booking, split between platform operations and the Owner Guarantee. There are no listing fees, no monthly fees, and no payout fees beyond what Stripe charges.
Is sales tax collected?
Where required by state or local law, applicable sales or rental tax is added at checkout and remitted by WEquip or the owner depending on the jurisdiction. Tax appears as a separate line on every receipt.
Where do I get a receipt or invoice?
Receipts are emailed automatically after every transaction. Renters can also re-download any receipt from the booking detail page in their dashboard. Business accounts can pull a year-end summary from Settings → Tax Documents.
Will I get a 1099?
Owners who earn over the federal reporting threshold in a calendar year receive a 1099-K from Stripe in January of the following year.
Gift Cards, Events & Groups
Do you sell gift cards?
Yes — WEquip Gift Cards are delivered by email and can be redeemed against any listing on the platform. Balances never expire.
Can WEquip help plan an event?
Yes! Submit an inquiry through Plan an Event and our team will source venues, equipment, and staff that match your guest count, date, and budget — you receive a single managed quote you can approve in one click.
What are Private Groups?
Private Groups are vetted membership groups (industry associations, neighborhoods, member clubs) that unlock exclusive listings and member-only pricing. Group admins can invite members and curate the catalog visible to their group.
Account & Support
How do I reset my password?
Use the "Forgot password" link on the sign-in screen. We'll email a secure reset link.
How do I delete my account?
Go to Settings → Account → Delete Account. Any active bookings must be completed or cancelled first.
How do I contact WEquip support?
The fastest way is through the Contact page. Most messages are answered within one business day.