Terms of service

Last Updated: 3-Jan-2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, AS WELL AS VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE RESOLUTION OF DISPUTES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE AND SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS.

AGREEMENT TO TERMS

These Terms of Use (“Terms“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your“, “they“, “their“) and 45 Degree Rentals Partnership, doing business as 45° Rentals (“45° Rentals“, “we”, “us”, or “our”), concerning your access to and use of the https://www.45rentals.ca website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), or our rental Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. 45° Rentals and You may hereinafter be referred to as the “Parties“. These Terms of Use apply to all users of the Site, including Renters, Owners, Users who upload, download, use, or access Content on the Site, and Users who simply view the Content on the Site (collectively, “Users“). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. You agree that you will comply with all written rules, agreements, and policies that are made available by us on the Site and which are incorporated herein by reference. These include, without limitation the Cancellation Policy and the Rental Agreement. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.

HOW THE SERVICES WORK

We use the Site to list vehicles and items as available for rent via listings (“Listings“), the Site also facilitates the booking of and payment for Rentals by Users, as well as a messaging feature to contact us. The vehicles and items listed as available for rent on the Site are either owned by us, or we are in a valid agreement with the legal owner (“Owner“) of the item or vehicle authorizing us for such operations, such as when a Rental is consigned to us. The services we provide, including but not limited to the rental service of items and vehicles, and the Site, may hereinafter be referred to as the “Services“.

“Rental” means an item, motorized vehicle, or towable vehicle made available or provided by us for rent by a Renter. This includes any products or property provided by us along with, as part of, in, or on the Rental, including but not limited to: tires, tools, keys, key fobs, equipment, dishware, cutlery, amenities, propane, generators, BBQ’s, firepits, documents.

“Renter” means the person or entity, such as a company or organization, that requests or

completes a Rental booking for our Services or otherwise utilizes our Services, either via the Site or other method provided by 45° Rentals.

The “Rental Period” begins when we turn over the keys (if applicable), possession, custody and control of the Rental to the Renter. The Rental Period ends upon the Rental being returned to 45° Rentals.

The minimum age of a Renter and of any operator of a Rental vehicle, whether motorized or towable, is 25 years old. The minimum age to rent an item, other than a motorized or towable vehicle, is 18 years old.

ANY BOOKINGS WILL BE MADE AT YOUR SOLE RISK.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. You have no right to sublicense the license rights granted in this section.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

LISTINGS

Listings for Rentals will specify the applicable Rental Fees, Service Fees, and Security Deposit, and may include information about the Rental such as the applicable fees, photos, location, the number of people the Rental can accommodate, availability, the minimum rental term, details about the Rental, and any other terms and conditions governing the rental of the specific Rental unit which are outside the scope of these Terms.

We make every effort to display as accurately as possible the features, specifications, and details of the listings available on the Site. However, we do not guarantee that the features, specifications, and details of the listings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual details of the listings. All listings are subject to availability, and we cannot guarantee that items will be available. We reserve the right to discontinue any listings at any time for any reason. Rates and fees for all listings are subject to change. We may at times list items for sale on the Site, which will specifically state that the respective item is for sale.

BOOKINGS

When you place a booking through the Site, the booking is not automatically approved as you are requesting approval for that Rental from us. When you request a booking via the Site, we will be provided the information you provide to us during the booking process, including but not limited to your first and last name, date of birth, contact information, payment or credit card information, address, and driver’s license number. We attempt to either approve or reject the booking within 24 hours of when the booking is requested, as we are solely responsible for processing, approving, or honoring any requested bookings and making available any Rentals reserved through the Site. If a requested (non-approved) booking is rejected or cancelled by us, or canceled by you, any amounts collected by us will be refunded to you, depending on the selections you make via the Site, and any pre-authorization of your credit card will be released, if applicable. Booking requests must be made no later than forty-eight (48) hours prior to the first day of the “Rental Period” (the period of time that begins when we provide the Renter with the keys (if applicable), turn over possession, custody and control of the Rental to the Renter. The Rental Period ends upon the completed return of the Rental to us).

If you, as a Renter, choose to enter into a transaction with us for the booking of a Rental, you agree and understand that you will be required to enter into an agreement with us, and you agree to accept any terms, conditions, rules, and restrictions associated with such Rental imposed by us. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements. You acknowledge and agree that upon your payment of amounts to us, your payment obligation to us for such amounts is extinguished.

You agree to pay us for any approved bookings made by you, in accordance with these Terms by one of the payment methods described on the Site, or via alternate payment methods if agreed to by 45° Rentals. You hereby authorize the collection of such amounts by charging the credit or debit card provided as part of requesting the booking directly by us. You hereby authorize us to store your credit or debit card information on file for future transactions. You also authorize us to charge your credit or debit card for all purchases, fees, and charges relating to the use of services or products purchased or received from 45° Rentals, in accordance with the Terms of Service, Rental Agreement, and other Policies, including but not limited to security deposits (as defined below), booking fees, cancellation fees, and damage fees.

You may cancel the “card on file” authorization at any time by contacting 45° Rentals. This authorization will remain in effect until cancelled. Once a booking is approved, including the payment transaction, you will receive a confirmation email summarizing the approved booking.

You agree that if you circumvent any portion of the Service Fees related to our Site, we reserve the right to reject or deny the related transaction as a valid transaction, and we will have no responsibility nor obligation to the parties engaged in the transaction.

You agree to pay us for the Total Fees for any booking placed via our Site. In order to establish a booking, you understand and agree that we reserve the right, in our sole discretion, to (1) obtain a pre-authorization via your credit card for the Total Fees or (2) charge your credit card a nominal amount, not to exceed one Canadian Dollar ($1) to verify your credit card. We will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that we cannot control any fees that may be charged to you by your bank related to our collection of the Total Fees, and we disclaim all liability in this regard.

In connection with your requested booking, you will be asked to provide billing information such as name, billing address and credit card information either to us or our third party payment facilitator. You agree to pay us for the Total Fees for any booking placed via our Site accordance with these Terms by one of the methods described on the Site. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online facilitating payments or by one of the payment methods described on the Site. You also authorize us to charge your credit card in the event of damage caused on a Rental as contemplated in the “Damage to Rentals” section in these Terms and for Security Deposits (as defined below), if applicable. If you are directed to our third-party payment facilitator, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your booking transaction is completed you will receive a confirmation email summarizing your booking request status.

We reserve the right to refuse any booking placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per booking. These restrictions may include bookings placed by or under the same customer, the same payment method, or orders that use the same billing or shipping address. We reserve the right to limit or prohibit bookings that, in our sole judgment, appear to be placed by dealers, resellers, or distributors or for any other commercial purpose.

FEES

Rental Fees

The amounts due and payable by you solely relating to the rental of a vehicle or item are the “Rental Fees”. We determine, in our sole discretion, the Rental Fees displayed in each Listing. Where applicable, taxes may be charged in addition to the Rental Fees.

Service Fees

In consideration for providing our services we may collect service fees from Renters (“Service Fees”). Service Fees may include various fees such as the “Prep Fee”, and may include fees for any optional products or services you add to the booking, or usage based fees incurred at the return of the Rental, including but not limited to delivery fees, add-on item fees, late return fees, fees for exceeding mileage or generator allowances, pre-paid fuel charges, security deposits, damage fees, or cleaning fees. Where applicable, taxes may also be charged in addition to the Service Fees. Except as otherwise provided herein, the Prep Fee is non-refundable, other Service Fees may be refundable in our sole discretion.

Total Fees

The Rental Fees, Service Fees, and applicable taxes comprise the “Total Fees” which will be displayed to Renters at the time of booking. At time of booking, we will collect either the entire amount of the Total Fees, or 50% of the Total Fees (“Booking Deposit”) via our available payment options on the Site or from your credit card on file. If only a Booking Deposit is paid, we will collect the remainder of the Total Fees within one week of the beginning of the Rental Period via our available payment options or from your credit card on file. Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.

Security Deposits

With each booking, we collect a security deposit which may be used in the event of damages that are caused to the RV while in the Renter’s possession or control. This deposit is held to cover any charges not covered by our insurance coverage. This security deposit is collected from the Renter at time of booking or within a reasonable time prior to the start of the rental period and is returned within a reasonable time after the end of the rental period, provided there are no damages to the Rental. If the Rental sustains any damage we determined was caused by the Renter, the repair or cleaning cost will be deducted from the security deposit. We reserve the right to charge the Renter for any additional amounts beyond the amount of the deposit.

CANCELLATION POLICY

Unless otherwise stated on the Site, the following is the default 45° Rentals Cancellation Policy:

•     If you cancel a booking within 48 hours of requesting it, we will, if applicable, issue a full refund for the Rental Fees, Service Fees and any applicable taxes paid, and cancel any pre-authorization to your credit card related to the booking. You will not be subject to a penalty.

•     If you cancel a booking more than 30 days before the first day of rental period, we will issue a refund of 75% of the booking’s Rental Fees, and any applicable taxes. You will pay a penalty of 25% of the booking’s Rental Fees, the full Prep Fee, and any applicable taxes.

•     If you cancel a booking less than 30 days but more than 7 days before the first day of rental period, we will issue a refund of 50% of the booking’s Rental Fees, and any applicable taxes. You will pay a penalty of 50% of the booking’s Rental Fees, the full Prep Fee, and any applicable taxes.

•     If you cancel a booking less than 7 days before the first day of rental period, we will not issue a refund. You will pay a penalty of 100% of the booking’s Rental Fees and Service Fees, and any applicable taxes.

If 45° Rentals cancels a requested or approved booking made via the Site, we will refund the Total Fees for the cancelled booking to the applicable Renter within a commercially reasonable time after the cancellation. We will notify the Renter of such a cancellation via email or other communication, which may include other pertinent information or alternative Listings. All refunds will be processed within a commercially reasonable time.

PURCHASES AND PAYMENT

By using the payment functionality provided by our Site, you agree to the Square Terms of Service and Square Privacy Policy. You authorize us to collect and share with Square, or other payment processors we may utilize, your personal information including full name, email address, and financial information for the purpose of payment processing. We accept various forms of payment including but not limited to (1) Visa, (2) Mastercard, and (3) American Express.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We collect all taxes applicable in the province of Saskatchewan, consisting of Goods and Services Tax (5%) and Provincial Sales Tax (6%). We may change prices at any time. All payments shall be in Canadian Dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your booking. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

COUPONS AND DISCOUNTS

We may, in our sole discretion, offer coupon codes or discounts to select users or Renters for use towards a booking. Coupons and discounts can be accrued solely by the original receiver, are non-transferable, and can not be combined. A maximum of one coupon code or discount can be used per booking. By acquiring a coupon or discount, you agree and acknowledge that we are granting you a limited, revocable license to a digital item, and that coupons or discounts are not your personal property. You may not obtain any cash or money in exchange for coupons. In order to receive a referral discount, you must show proof of referral deemed acceptable by us. Upon cancellation of a booking where a discount or coupon was used, you forfeit the value of the used discount or coupon.

CONSIGNMENT

If you own an item or vehicle and are interested in consigning it to us to make it available for rent on our Site, please contact us. Through consignment, we will coordinate the logistics of Rentals while you enjoy a portion of the profits, however you, as an Owner, are required to carry insurance deemed acceptable by us, and you are and remain responsible for regular maintenance and any repairs needed during consignment.

PROHIBITED ACTIVITIES / USER CONDUCT

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Site and Content. As a user of the Site and Services, you agree not to:

•     violate any local, provincial, federal, park, campground or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and admiralty law;

•     systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

•     trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

•     copy, store or otherwise access any information contained on the Site or Content for purposes not expressly permitted by these Terms;

•     use automated scripts to collect information or otherwise interact with the Site;

•     circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or the Content contained therein;

•     attempt to probe, scan, or test the vulnerability of any 45° Rentals system or network or breach any security or authentication measures;

•     avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Site or Content;

•     disparage, tarnish, or otherwise harm, in our opinion, us or the Site;

•     use any information obtained from the Site in order to harass, abuse, or harm another person;

•     make improper use of our support services or submit false reports of misconduct;

•     use the Site in a manner inconsistent with any applicable laws or regulations;

•     engage in unauthorized framing of or linking to the Site;

•     interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, excessive use of capital letters and spamming (continuous posting of repetitive text) or similar methods or technology;

•     engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

•     delete the copyright or other proprietary rights notice from any Content;

•     infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

•     use our Site in connection with the distribution of unsolicited commercial email (“spam”);

•     attempt to impersonate another user or person;

•     upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

•     interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;

•     post, upload, publish, submit or transmit any Content that, in our sole judgment: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (3) is fraudulent, false, misleading or deceptive; (4) is defamatory, obscene, pornographic, vulgar or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) is violent or threatening or promotes violence or actions that are threatening to any other person; or (7) promotes illegal or harmful activities or substances;

•     harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;

•     attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;

•     copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

•     access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;

•     forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;

•     except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

•     except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;

•     use a buying agent or purchasing agent to make purchases on the Site;

•     use the Site for any commercial or other purposes that are not expressly permitted by these Terms;

•     make any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

•     use the Site as part of any effort to compete with us or otherwise use the Site or the Content for any revenue-generating endeavor or commercial enterprise;

•     use, display, mirror or frame the Site, or any individual element within the Site, 45° Rentals’s name, any 45° Rentals trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without 45° Rentals’ express written consent;

•     sell or otherwise transfer your profile; or

•     advocate, encourage, or assist any third party in doing any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We reserve the right, at any time and without prior notice, to remove or disable access to any Content or Listing that we, at our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

•     The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

•     You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

•     You have the written consent, release, or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

•     Your Contributions are not false, inaccurate, or misleading.

•     Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

•     Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

•     Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

•     Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

•     Your Contributions do not violate any applicable law, regulation, or rule.

•     Your Contributions do not violate the privacy or publicity rights of any third party.

•     Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

•     Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

•     Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, or distribute all content relating to review.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, Content, or the Listings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site, Content, and the Listings.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at http://www.45rentals.ca/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Canada. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others and we expect our users to do the same. Please contact us if you believe that any material available on or through the Site infringes upon any copyright holder’s rights, or to raise any other copyright-related issues with us. We will take reasonable steps to remove infringing material from the Site.

TERM AND LIMITATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, CONTENT, AND THE LISTINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, CONTENT, AND THE LISTINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account or use of the Site for any reason, you are prohibited from using the Site in any format, registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account or use of the Site, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Listings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, Content, or the Listings.

We cannot guarantee the Site, Content, and the Listings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, Content, or the Listings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site, Content, or the Listings during any downtime or discontinuance of the Site, Content, or the Listings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site, Content, or the Listings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and be interpreted in accordance with the laws of the Province of Saskatchewan, without regard to its conflict-of-law provisions. The Parties agree to submit to the personal jurisdiction of a Court of law located in Regina, Saskatchewan for any actions for which the parties 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 a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision listed in these Terms.

DISPUTE RESOLUTION

PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By agreeing to the Terms, you agree that you are required to resolve any claim related to a payment dispute or an insurance dispute that you may have with us and any other related party on an individual basis through our dispute resolution process first through negotiation, then if necessary mediation, then if necessary arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against us and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against 45° Rentals by someone else. Except for disputes relating to payment or an insurance dispute, we reserve all of our rights to bring any other dispute in any court of competent jurisdiction. The costs and expenses of arbitration, including the fees of the arbitrators but excluding any attorneys’ fees, shall be advanced by us, but will ultimately be borne by the non-prevailing party.

The Parties agree that in the event of any dispute, controversy or claim related specifically to a payment or insurance claim, under $75,000 in value arising out of or relating to the company’s Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then any party may, by notice to the other party and ICDR Canada (International Centre for Dispute Resolution Canada), request mediation under the Canadian Mediation Rules of ICDR Canada. If settlement is not reached within 60 days after service of a written request for mediation, any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The place of mediation and/or arbitration shall be Regina, Saskatchewan, or or another mutually agreed to location. The language of the arbitration shall be English. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The Parties agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site or Services (collectively, “Disputes”) shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then any party may, by notice to the other party and ICDR Canada, request mediation under the Canadian Mediation Rules of ICDR Canada. If settlement is not reached within 60 days after service of a written request for mediation, any unresolved controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The place of mediation and arbitration shall be Regina, Saskatchewan, or or another mutually agreed to location. The language of the arbitration shall be English. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party retains 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 a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Further, unless both you and 45° Rentals otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

You consent to electronic service of process, with service to be made to the email address we have on record for your account. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both Parties otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and 45° Rentals each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction relating to any dispute that is properly the subject of this arbitration agreement.

The Parties agree that, except as may be required by law, neither a party nor its representatives may disclose the existence, any and all content, including but not limited to communications and evidence, or results of any payment, charge or insurance dispute ultimately resolved by arbitration and/or mediation hereunder without the prior written consent of (all/both) parties. You agree that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or 45° Rentals, or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, 45° Rentals or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and 45° Rentals.

You agree that, in the event of confirmation and enforcement, the delinquent party to the arbitration will be responsible for any attorney, court or other fees associated with such action.

Notwithstanding the provisions of the “Modification” section of these Terms, if we change this “Dispute Resolution” section after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (via email or paper mail within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will resolve any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you most recently accepted these Terms.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Content or Listings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

FEEDBACK

We welcome you to provide feedback, comments, and suggestions so we can improve our Site and Services. Please contact us to submit feedback. You acknowledge and agree that all submitted feedback is our sole property and you hereby irrevocably assign to us all of your right, title, and interest in and to all feedback.

MISCONDUCT

If you notice any misconduct or misuse of our Site or Services, you should immediately contact us and report it to the appropriate authorities if applicable. Your report does not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability to you.

COOPERATION

You agree to cooperate with and assist us in good faith, and to provide us with any information and take any actions we may reasonably request in connection with any complaints or claims relating to (1) Rentals (including but not limited to (i) the Rental Agreement, (ii) the pickup, use and return of the Rental, (iii) the consignment of a Rental, and (iv) any disputes, actions, proceedings, suits, and investigations related to the Rental, or your use, or consignment of the Rental), (2) any personal or other property located at, on, or in a Rental, or on or in a 45° Rentals vehicle (including agent’s and contractor’s vehicles), or at 45° Rentals premises, or (3) any investigation we may undertake regarding the use or abuse of the Site, Content, or Services. This includes without limitation, providing and delivering any documents we may reasonably request, testifying under oath, and taking any other actions we reasonably request related to the Terms of Service, the Rental Agreement, other Policies, the Consignment Agreement or Contract, the Rental, or the rental transaction. You agree to participate in the Dispute Resolution process outlined in the Terms of Service to resolve disputes with respect to losses for which we are requesting payment from you under these Terms. Any violation of these Terms may result in cancellation of booking, recovery of the Rental by us, or loss of any applicable insurance coverage.

Unless prohibited by law, you releases us from any liability for consequential, special, and/or punitive damages in connection with the Rental or consignment of the Rental. You shall hold harmless us and our authorized agents and employees from and against any and all loss, bodily injury, damages, and expenses, including legal expenses, of any kind arising from the Rental during your possession of the Rental extending to such time the Rental Period is completed and cleared by us, including without limitations, latent and other defects whether or not discoverable by you or us. You shall hold harmless us and our authorized agents and employees from and against any and all loss, bodily injury, damages, and expenses, including legal expenses, of any kind arising from your consignment of the Rental to us, including without limitations, latent and other defects whether or not discoverable by you or us. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from us or otherwise. It is agreed and understood that we may control the defense of any such claim.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE OR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTIES THAT THE SITE, SERVICES, AND/OR CONTENT, INCLUDING BUT NOT LIMITED TO, THE LISTINGS OR ANY RENTALS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, TRUTHFULLNESS, COMPLETENESS, AND RELIABILITY OF THE SITE’S CONTENT, LISTINGS, OR RENTALS, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SITE OR CONTENT, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

SECURITY DISCLAIMER

Information transferred over the Internet is generally unsecure. We cannot and do not make any representation or warranty concerning security of any communication or data transmission to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information.

You acknowledge the Internet is not a secure medium and privacy cannot be assured. Any communication or data transmission on the Internet, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT IN NO EVENT WILL WE OR OUR AGENTS, DIRECTORS, EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT,  OR FROM YOUR BOOKING, CONSIGNMENT, OR USE OF ANY RENTAL VIA THE SITE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTENT, SERVICES, CONSIGNMENT, OR RENTALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 45° RENTALS’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR ONE HUNDRED CANADIAN DOLLARS ($100). CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to release, defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any claim, damage, loss, liability, or demand, including reasonable legal and accounting’ fees and expenses, made by any third party due to or arising out of: (1) your access to or use of the Site or Services; (2) your Contributions; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) your booking or use of a Rental and all included equipment and amenities of a Rental; (7) your consignment of a Rental owned by you to us, and all included equipment and amenities of the Rental; (8) the use, condition, consignment, or rental of a Rental by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking, consignment, or use of a Rental; or (9) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

ASSIGNMENT AND TRANSFER

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms without restriction, at our sole discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us by posting to the Site or, if applicable, via email to the email address that you provide. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site, Content, or Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the foregoing. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

45° Rentals

PO Box 342

Yellow Grass, Saskatchewan S0G 5J0

Canada

info@45rentals.ca