Terms
of Use

Acceptance of the Terms of Use

Welcome! By accessing or using the platform, website, and/or mobile application offered by Blondies Equipment Rental ("Company," "we," "us," or "our") and all associated pages and services (collectively, our "Website") and/or through the mobile application you have downloaded, including all software therein (the "Mobile Application") — collectively referred to as the "Services" — you (the "User," "your," or "you") confirm that you have read, understand, and agree to be bound by these Terms of Use.

Please read these Terms carefully and print a copy for your records. To view our privacy practices, please visit our Privacy Policy.

Changes to These Terms

By accessing our Services, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. Your continued use of the Services following our posting of any such changes constitutes your acceptance of those changes.

Notwithstanding the foregoing, we may notify you at the email address you have provided or by a posting in the Mobile Application or Website in the event we make any material changes, and you may have additional rights depending on where you reside.

Mobile Application

If you have elected to download our Mobile Application, we hereby grant you a limited, non-transferable, revocable license to use the object code of such software on any mobile device you own or control that the Mobile Application is authorized to operate on, as determined by us in our sole discretion. The Mobile Application is licensed, not sold, to you for use only under the terms of these Terms of Use. We reserve all rights, title, and interest not expressly granted to you.

With respect to any Mobile Application accessed through or downloaded from an App Store such as Google Play or Apple's App Store (an "App Store Sourced Application"), you will only use it: (1) on a product that runs the operating system for which it was intended; and (2) as permitted by the "Usage Rules" set forth in the corresponding App Store. Use of the Mobile Application from a third-party App Store is also subject to Section 10 (App Store).

Age Requirements

The Services are intended solely for natural persons who are eighteen (18) years of age or older. Any registration by, use of, or access to the Services by any person under 18 is unauthorized and in violation of these Terms. We may terminate your use of the Services without notice if we believe you are under 18 years old.

Services Use Restrictions

Without our prior written consent, you may not:

• Use any automated means to access the Services or collect any information from them, including robots, spiders, scripts, or other automatic devices or programs
• Frame the Services in any manner, utilize framing techniques to enclose any content or proprietary information, place pop-up windows over any Services pages, or otherwise affect the display of any pages
• Engage in "screen scraping," "database scraping," or any other activity with the purpose of obtaining content or other information from the Services
• Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment
• Access, use, or monitor our Services for benchmarking or any competitive purposes

User Representations

Parts of the Services may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for all activities on your account. You represent, warrant, and agree that no materials submitted through your account will violate or infringe upon the rights of any third party or contain libelous, defamatory, or otherwise unlawful material. Notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use.

You also agree not to use the Services to:

• Register for more than one User account, or register on behalf of any person not eligible to do so in their own name
• Impersonate any person or entity, or misrepresent yourself, your age, or your affiliation with any person or entity
• Upload or transmit any content we deem harmful, threatening, unlawful, defamatory, abusive, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable
• Upload or transmit unsolicited advertising, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation
• Post any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers
• Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes
• Upload any material containing software viruses or any code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
• Intimidate or harass another user
• Upload content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or create liability under any local, state, national, or international law
• Use or attempt to use another's account, service, or system without authorization, or create a false identity on the Services

Information Posted Through the Services

All content made available on or through the Services — including designs, text, graphics, pictures, video, information, software, music, sound, and other files, and their selection and arrangement — is the property of Blondies Equipment Rental (collectively, "Company Content"), except as provided in the App Store section.

No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You are granted a limited license to access and use the Services and Company Content solely for your personal, non-commercial use, provided you keep all copyright or other proprietary notices intact.

You agree not to republish Company Content on any internet, intranet, or extranet site or incorporate it into any other database or compilation. Any use of data mining, robots, scraping, or similar extraction methods is prohibited. This license is revocable by us at any time without notice and with or without cause.

Consent to Be Contacted

By using the Services, you expressly consent and agree to accept and receive communications from us, including via email, text message, calls, and push notifications to the cellular telephone number you provided. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages, including operational communications, service updates, promotions, and industry news.

If you wish to opt out of promotional emails, text messages, or other communications, you may do so by following the unsubscribe options described in each communication. However, opting out of certain communications may impact your use of the Services.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names mentioned on the Services may be trademarks of their respective owners. We reserve all rights not expressly granted to you under these Terms of Use.

App Store

The following terms apply if you are using the Mobile Application from the Apple App Store. These Terms of Use are solely between you and Blondies Equipment Rental — not Apple. Apple has no responsibility for the Mobile Application or its content. Your use of the Mobile Application must comply with the App Store Terms of Service.

Apple has no obligation to furnish maintenance and support services for the Mobile Application. In the event of any failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Mobile Application.

Apple is not responsible for addressing any claims relating to the Mobile Application, including product liability claims, failure to conform to any legal or regulatory requirement, or claims arising under consumer protection legislation. In the event of any third-party intellectual property infringement claim, Blondies Equipment Rental — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

Limitation of Certain Damage Types

Limitation of Liability Amount

Disputes, Governing Law, Venue & Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware and the applicable federal laws of the United States of America. Subject to Section 14 (Arbitration Agreement & Dispute Resolution), you agree that any action at law or in equity arising out of or relating to these Terms or your use of the Services shall be filed only in the state or federal courts located in Delaware, United States of America. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Arbitration Agreement & Dispute Resolution

You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes"), will be settled by binding arbitration between you and Blondies Equipment Rental — except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Indemnity

You agree to defend, indemnify, and hold harmless Blondies Equipment Rental 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 attorney's fees) arising from:

• Your use of and access to the Services, including any data or content transmitted or received by you
• Your violation of any term of these Terms of Use, including any breach of representations and warranties
• Your violation of any third-party right, including any right of privacy or intellectual property rights
• Your violation of any applicable law, rule, or regulation
• Any content or information submitted via your account
• Any other party's access and use of the Services with your unique username, password, or security code

Survival

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.