These Terms and Conditions of Use (“Agreement”) govern the use of this Internet website for users (“you” or “your”), as well as use of any related websites that link to this Agreement, and further as well as any related applications, mobile platforms, services, tools, modules, remote services and/or servers (collectively, the “Website”), including any goods or services obtained through the Website by purchase or rental, that are operated by, under the control of, or otherwise for the direct benefit of Kit Lender (“Kit Lender” or “us”, “our” or “we”).
Please read this Agreement carefully as it is binding between you and Kit Lender, and is subject to change without notice, at our sole discretion. Please refer to https://www.kitlender.com/terms-of-use/ for updates to this Agreement, which will be posted from time to time.
By accessing the Website, you hereby agree to be bound by all terms and conditions set forth in this Agreement. If you do not agree and/or do not comply with any of the terms and conditions set forth herein, you are not permitted to access the Website, nor to use any of the content provided on the Website.
Subject to this Agreement, Kit Lender permits all users to access and use portions of the Website including, but not limited to, product selection and customization tools, reports, articles, and various forms of media. Some features or functionality of the Website, however, may be restricted to registered users. For more information about registration, please see the Account Registration section of this Agreement. Kit Lender reserves the right to suspend access to any or all parts of the Website at any time without notice.
The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website.
The Website includes content (“Website Content”) such as current product lists and groupings, partner information, affiliate information and other media, provided by Kit Lender and/or one or more third-party partners. In addition, the Website Content may include various forms of intellectual property, including trademarks, designs, logos, URLs, domain names, text, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, program code or software owned by Kit Lender and/or one or more third parties.
You agree and acknowledge that the Website Content is owned by Kit Lender and/or its licensors, and that your use of the Website does not grant you any rights, including ownership or use outside of the Website, in the Website Content.
Access to restricted features, such as a user account page or financial transaction page linked from the Website, may be provided for those users that register for an account with us or a third-party partner. Registering for an account may include selecting a user account name and/or password. Your account name and password are personal to you, and you are responsible for maintaining the confidentiality and use thereof, and for all activities (including commercial and non-commercial transactions) that are conducted through your account.
You agree that the Kit Lender shall not be responsible or liable for any harm related to the use or disclosure of your username and/or password. You may not use another user’s username and password to access someone else’s account. If you discover that someone has used your account or are otherwise aware of a security breach in connection with your account, you agree to notify Kit Lender in writing and to change your username/password immediately.
You acknowledge that any access and all use of any restricted features of the Website, whether provided by us or by one or more third-party partners on our behalf, shall also be governed by this Agreement.
Except where expressly stated otherwise, the Website and the Website Content are protected by applicable intellectual property law, including copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.
Solely as permitted by this Agreement, Kit Lender grants to you a limited, revocable, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or interact with the Website and Website Content. This license granted to you is expressly conditioned on your express agreement to comply with, and your actual compliance with, each of the provisions of this Agreement, and exists only so long as you strictly agree and comply with the terms and conditions in this Agreement. Such terms and conditions include, but are not limited to, your agreement to refrain from engaging in any of the Prohibited Actions, as defined herein.
Any use of the Website or Website Content by you, or anyone acting on your behalf, that engages in any of the Prohibited Actions violates and/or exceeds the scope of the license granted to you herein, and may constitute unauthorized use, reproduction, display, or creation of unauthorized derivative versions of the Website and Website Content, which infringes legal rights of Kit Lender and/or its partners.
Engaging in any of the Prohibited Actions may constitute copyright infringement or other violation of Kit Lender or other third-party intellectual property rights. Kit Lender may bring legal action against such conduct, including but not limited to, seeking injunctions to stop the use or distribution of Kit Lender intellectual property and, if necessary, monetary damages (including court costs).
Kit Lender appreciates hearing from the community and welcomes your comments and questions about our products and services. The Website may include chat and/or messaging functionality that allows you to communicate with an agent of Kit Lender. If you do submit comments, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials (“Submissions”) other than those that Kit Lender have specifically requested. You agree that Kit Lender is under no obligation to maintain the confidentiality or secrecy of any Submissions and may, at its sole discretion, disclose any to third parties or use any Submissions for its own purposes, including the implementation of any such Submissions.
The Website is solely directed to people residing in the United States and its territories. Kit Lender does not represent that any Website Content available on or through the Website is appropriate or available in other locations. If you choose to access the Website from outside the United States, you do so at your own risk, and Kit Lender shall not be liable for any use or access of the Website from outside the United States.
Kit Lender cares about your privacy. You acknowledge that you have read the Privacy Policy linked here. As with this Agreement, the Privacy Policy is subject to change without notice, at our sole discretion. Please refer to the Privacy Policy regularly for updates, which will be posted from time to time.
Kit Lender takes pride in its work, and the information published on the Website is believed to be accurate and reliable. The Website does not make any claim to sponsorship, endorsement or approval by any federal, state, or local governmental agency. Kit Lender does not warrant or make any representation as to the appropriateness of the products it provides through the Website for any particular purpose or fitness of any particular use and any reliance upon the Website or Website Content, including products ordered therefrom, is done at your own risk.
Your authorization to access and utilize the Website is hereby revoked automatically and immediately upon your, or a third-party acting on your behalf, undertaking, or attempting to undertake, any of the following prohibited actions (“Prohibited Actions”):
The Website may contain links that provide access to a third-party website, including but not limited to vendor websites and social media pages, that may not be owned or operated by us (“linked third-party website”). The fact that Kit Lender may link to a third-party website, or maintains a presence on such third-party platforms, does not indicate or represent any approval or endorsement of such third-party website. Kit Lender has no control over a linked third-party website and is not responsible for the content of such linked third-party websites, including the corresponding privacy practices of the linked third-party website, if any.
Kit Lender strongly encourages you to become familiar with the terms of use and practices of any linked third-party website. Your use of any third-party website is solely at your own risk and is subject to the terms of such third-party website. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the third-party website) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Kit Lender reserves the right, in its sole discretion and for any or no reason, to terminate your access to the Website at any time, with or without notice, without liability to you or any third party.
Furthermore, you acknowledge that any attempt to access the Website subsequent to: (1) a notification of a violation of the terms of this Agreement; or (2) a termination of access; or (3) engaging in Prohibited Actions, may constitute trespass in addition to unauthorized access under 18 U.S.C § 1030 (Computer Fraud and Abuse Act).
You agree that your failure to abide by the terms of this Agreement may cause irreparable harm to Kit Lender, for which harm cannot be adequately compensated for by money damages. It is further agreed by you that an order of specific performance or for injunctive relief against you in the event of a breach or default under the terms would be equitable and would not work a hardship on you, your business interests or activities. Accordingly, in the event of a breach or default by you of any term provided hereunder, Kit Lender may, without any bond or other security being required and in addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance, or to obtain injunctive relief against you, with respect to any obligation or duty herein or breach thereof.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KIT LENDER DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE USE OF THE WEBSITE, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIT LENDER OR THROUGH THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. THE USE OF THE WEBSITE, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
KIT LENDER AND ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT (A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED; (B) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR (C) THAT THE WEBSITE OR ANY AND ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOUR USE, ACCESS, OR OTHERWISE OBTAINING INFORMATION, MATERIALS,DATA, OR ANY GOODS OR SERVICES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA OR USE OF GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIT LENDER , OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
If third-party brings a claim against us related to your use of the Website, your violation of the terms of this Agreement, or your use of any goods or services obtained through the Website, you agree to indemnify, defend and hold Kit Lender and its affiliated companies, and each of its officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). Kit Lender reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with Kit Lender in asserting any available defense.
Kit Lender's agent for copyright issues relating to the Website is as follows:
Kit Lender,
Attn: Copyright Notice
354 S Main St.
Stowe, VT 05672
If any provisions or terms of this Agreement are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and effect. The waiver of a breach or a default of any provision of this Agreement will not be construed as a waiver of any succeeding breach of the same or any other provision, nor will any delay or omission on the part of Kit Lender to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any such right, power or privilege.
Any claim relating to your use of the Website, or any products or services obtained through the Website, shall be filed in a federal or state court located within the State of Vermont, and you consent to the jurisdiction of those courts for such purposes.
Your order is fully refundable prior to being shipped to your destination. This may be up to 10 days prior to your first rental day.
YOUR ORDER IS NON-REFUNDABLE AFTER IT HAS BEEN SHIPPED and you agree to pay in full without dispute any charges associated with such shipped order. For more information regarding Kit Lender’s cancellation policy, please see: https://kitlender.zendesk.com/hc/en-us/articles/115001344272-What-is-your-cancellation-policy-
a. Use of the Products
The Website allows you to obtain for rental various outdoor equipment (“Product” or “Products”). You agree to treat the Products with great care, but in any event no less than a reasonable standard of care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason, including due to theft, loss, mysterious disappearance, fire, major stains, or any other cause. “Normal wear and tear” means minor stains, rips, missing beads, stuck zippers, or other minor damage that is covered by the rental coverage. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge you for the price of repairing or replacing the Product, as determined in our discretion, up to the two times full Retail Value for the Product. For more information on charges for damages beyond ordinary wear and tear, please see our Damage coverage FAQ here:
https://kitlender.zendesk.com/hc/en-us/articles/115001343772-What-happens-if-I-lose-or-damage-my-kit-
b. Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Website, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on the Website. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smartphone or similar device) will accurately display such colors.
The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. Kit Lender does not warrant any Product for merchantability or any particular use; you acknowledge the use of any Products is solely at your own risk. Prices and availability for Products are not confirmed until the applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if the Product is no longer available, we will contact you for instructions before shipping or cancel your order and notify you of such cancellation. The availability through the Website of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
c. Delivery
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason. Please see our FAQ Section for more information regarding deliveries.
d. Returns, Extensions, Shipping, and Lost Items
You agree to return each rented Product (other than Products that you purchase) to Kit Lender by the day after the return date by noon for such Product identified in your online account and/or the applicable invoice for your order or as otherwise set forth in these Terms. We may, but are not required to, permit you to extend your order for a Product (including by contacting us), subject to prepayment of any additional fees applicable to that Product for the period of time of the extension.
At the completion of your rental, Kit Lender will supply you with materials to return the Products (“Return Packaging”) We are not responsible for any personal or other items left in the Products or which are returned to Kit Lender in the Return Packaging. If you believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon as possible at help@KITLENDER.com. We may, but are not required to, assist you in attempting to locate such items at your request, but regardless assume no responsibility or liability whatsoever regarding such items.
If you use the Return Packaging, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Kit Lender will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on the Return Packaging, or for any fees or expenses that you incur due to delays in Kit Lender receiving the Product. Kit Lender does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that your use of any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Kit Lender will not be liable. You will be solely liable for all such delays and additional delivery fees.
The Terms constitute the whole legal agreement between you and Kit Lender, govern your use of the Website, as well as any Products obtained through the Website, and completely replace any prior agreements between you and Kit Lender.
If you have any questions about this Agreement, please do not hesitate to contact us at help@kitlender.com.