IT'S FREE TO BECOME A MEMBER
Rentors and Rentiees agree to the following:
This Hold Harmless Agreement (the "Agreement") is made effective as of 06-01-2023, (the "Effective Date") between ShareToys.com (the "Website Owner"), and [User/Member Name] (the "User") collectively referred to as the "Parties."
Background: ShareToys.com operates a website that facilitates the renting of items between users. The User desires to utilize the services provided by ShareToys.com, and the Website Owner is willing to grant access to the website under the terms and conditions set forth in this Agreement.
Agreement:
Assumption of Risk: The User acknowledges and understands that by using the ShareToys.com website and renting items from other users, there are inherent risks associated with such activities. The User voluntarily assumes all risks and dangers related to the use of the website and the rental of items, including but not limited to property damage, personal injury, or any other harm that may occur during or as a result of the rental process.
Release and Indemnification: a. User's Release: The User hereby releases, waives, discharges, and covenants not to sue ShareToys.com, its officers, directors, employees, agents, and representatives (collectively, the "Released Parties") from any and all claims, liabilities, actions, causes of action, costs, and expenses, whether at law or in equity, arising out of or in connection with the use of the ShareToys.com website, including but not limited to any damages, injuries, losses, or theft that may occur during or as a result of the rental process.
b. User's Indemnification: The User agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with any third-party claims or User's breach of this Agreement, including but not limited to claims arising from property damage, personal injury, or any other harm caused by the User's use of the ShareToys.com website.
No Warranty: The Website Owner makes no representations or warranties, express or implied, regarding the condition, safety, suitability, or legality of any items rented through the ShareToys.com website. The User acknowledges that the Website Owner does not assume responsibility for any aspect of the rental transaction, including but not limited to the condition of the items, their fitness for a particular purpose, or any defects or damages that may arise during use.
Limitation of Liability: In no event shall the Website Owner be liable to the User or any third party for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, arising out of or in connection with the use of the ShareToys.com website or the rental of items, even if the Website Owner has been advised of the possibility of such damages.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the state of Arizona. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Mohave County state of Arizona.
Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior discussions, understandings, or agreements, whether oral or written.
By using the ShareToys.com website, the User acknowledges that they have read, understood, and agreed to the terms and conditions of this Hold Harmless Agreement.