The Good Neighbour inc. ("The Good Neighbour", "we", "us") provides the user ("you") a platform for facilitating the peer-to-peer rentals.
We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided during the registration process. Otherwise, you may view the most recent Agreement on the The Good Neighbour App.
Eligibility. Registered users of The Good Neighbour each a "User") must be of legal age in their applicable Province or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them. In no case shall any User be less than eighteen (18) years old. Your registration for, and/or use of, The Good Neighbour constitutes your representation that (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement. Registration is void where prohibited.
By registering to use The Good Neighbour, you affirm that you are 18 years of age or older. You agree to provide accurate, current, and complete information during the registration process, including your real name and contact information ("Registration Information"). We reserve the right to refuse registration for any reason at our sole discretion.
Online Account Security; No Assignment. Upon registration, you will select a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. You are further responsible for any and all activity on your account. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account. The Good Neighbours will not be liable for any loss or damage to you arising from unauthorized access to or use of your account caused by your failure to comply with this provision.
CONDITIONS OF USE
Conditioned on your compliance with this Agreement, grant to you a personal, limited, nonexclusive, nontransferable license to use The Good Neighbour. We reserve all rights of ownership in The Good Neighbour not expressly granted to you. We or our licensors own all right, title and interest in and to The Good Neighbour and its content, including all copyrights, trademarks, and other intellectual property rights ("The Good Neighbour Content"). Neither your account nor any of your rights or obligations as a The Good Neighbour user may be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity without our prior written consent.
Personal Conduct. As a condition of the license granted to you to use The Good Neighbour, you agree that you will not use The Good Neighbour in any manner or for any purpose that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify The Good Neighbour in any manner or form, (iii) copy, distribute, or create derivative works based on the The Good Neighbour Content, (iv) impair The Good Neighbour or any other person’s use or enjoyment of The Good Neighbour or of any good or service procured through The Good Neighbour including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey The Good Neighbour, The Good Neighbour Content, or any elements thereof.
The following non-exhaustive list of conduct that is expressly prohibited:
Use of The Good Neighbour to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
Use of The Good Neighbour to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
Any use of The Good Neighbour that we deem, in our sole discretion, to be exploitative, harassing, or otherwise harmful to any other person or entity.
Use of The Good Neighbour service to engage in activities that violate any applicable law or governmental regulation, including (without limitation) laws and regulations relating to (i) the possession, use, or distribution of weapons, alcohol, prescription drugs or other restricted substances, (ii) pornography, (iii) computer malware, (iv) professional licensing requirements, and/or (v) any other activity which is subject to criminal or civil penalty
Content. You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner posted on or sent through The Good Neighbour or transmit to any other User ("User Content"). You will not post or distribute to another User any illegal or prohibited User Content, including (but not limited to) User Content that:
Accuracy of Information. You will not provide inaccurate, misleading or false information to or through The Good Neighbour or to any other User. You agree to promptly notify us if information provided to or through The Good Neighbour or another User later becomes, or is discovered to be inaccurate, misleading or false.
Insurance. You are solely responsible for any loss or damage suffered as a result of lending, leasing, distributing, borrowing, renting, selling, or otherwise obtaining and/or using, any good or service via The Good Neighbour unless renters opt in for insurance. You are responsible for obtaining and maintaining any insurance which you deem necessary over $2000. The Good Neighbour will reimburse/repair any and all tools under $2000 CAD. We recommend only renting to users that have verified their ID and have a blue checkmark. If they do not have a blue checkmark, You must document renters ID informati
Liability. Owners must check and maintain tools in accordance with the manufactures recommendations and not alter the tool in any way. Renters need to be trained and familiar with the manufacture manual, will take all liability incase of injury and damage to property.
Links to Third Party Sites. The Good Neighbour may contain hyperlinks to websites that are not controlled by us, and which may have their own terms of service and privacy policies. We is not responsible for, and do not endorse or accept any responsibility for, the contents of or your use of such websites.
Violations. You agree to promptly report to us any violation of the terms of this Agreement by you or any other User.
INTERACTIONS WITH USERS
What We Do
Through The Good Neighbour, we provide a platform for facilitating the peer-to-peer sharing, rental, and sale of products and services between Users.
What We Don't Do
We do not actively participate in any transactions, and do not verify or guarantee the truth or accuracy of any information posted by any User with regard to the existence, availability, authenticity, quality, or value of any item offered through The Good Neighbour. We do not and cannot guarantee that transactions entered into between Users will be completed.
You agree that you are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with (i) your interactions with other members and/or Users, whether online or in person, and (ii) your use of any products or services made available by Users.
You acknowledge that we do not screen or investigate the background of any Users, nor do we verify or otherwise warrant the accuracy of any representations or statements made by any User to you or others regarding products or services. Your dealings with Users, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User exclusively and do not involve The Good Neighbour or its sponsors or enterprise partners. It is your sole responsibility to make whatever investigation and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with other Users, whether online or in person. The Good Neighbour., AND ITS SPONSORS AND ENTERPRISE PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER.
All items that are not returned will be charged at the "cost" price listed with tool, Plus additional 30%. All tools damaged will be repaired or replaced at renters expense. If tool is returned damaged. Repair fee and 30% of fee will be charged to personnel that rented the tool. All items rent will be charged a third party fee from day rate to The Good Neighbour.
In no event shall The Good Neighbour or its sponsors or enterprise partners be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of The Good Neighbour, whether online or in person, including without limitation pecuniary loss, bodily injury or death, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users or other persons you encounter in connection with your use of The Good Neighbour.
INTELLECTUAL PROPERTY RIGHTS & RESTRICTIONS
The Good Neighbour, and all elements thereof are owned by The Good Neighbour., and may be protected by copyright, trademark, patent, trade secret, and/or other laws. The Good Neighbour. owns and retain all rights, including the worldwide copyright, in all elements of The Good Neighbour solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any The Good Neighbour Content without our prior written permission. You may not "mirror" any materials contained on The Good Neighbour on any other server without our prior express written permission. Any unauthorized use of any The Good Neighbour Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Good Neighbour and The Good Neighbour logo are trademarks or registered trademarks of The Good Neighbour, Inc. All other trademarks or registered trademarks used on The Good Neighbour are the property of their respective holders. The use of company names, product names and logos or images on The Good Neighbours does not necessarily constitute an endorsement of the named company or products by The Good Neighbour, Inc.
We claim no ownership of any intellectual property rights to any Use Content you post to or through The Good Neighbour. To the extent that you own the rights to such Use Content, you retain those rights solely and exclusively. In other words, Use Content you upload to The Good Neighbour is and will remain yours. However, understand that by sharing User Content publicly via The Good Neighbour you are allowing others to view that User Content.
By posting User Content to or through The Good Neighbour, you grant us a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and/or display in any format or medium, with full right of sublicense, such User Content on and through The Good Neighbour.
PERSONAL INFORMATION AND PRIVACY
REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of The Good Neighbour complies with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party.
DISCLAIMER; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED BY THE GOOD NEIGHBOUR , INC. ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. THE GOOD NEIGHBOUR, INC. AND ITS SPONSORS AND ENTERPRISE PARTNERS DISCLAIM ALL WARRANTIES RELATING TO THE GOOD NEIGHBOUR , EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE GOOD NEIGHBOUR IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE GOOD NEIGHBOUR, INC. OR ITS SPONSORS OR ENTERPRISE PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, OR PERSONS INTRODUCED BY THE GOOD NEIGHBOUR WHETHER ONLINE OR OFFLINE. THE GOOD NEIGHBOUR, INC. MAKES NO REPRESENTATION OR WARRANTY AS TO THE CHARACTER, CREDIT-WORTHINESS, RENTAL HISTORY OR OTHER QUALITY OF ANY USER. THE GOOD NEIGHBOUR , INC. DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON THE GOOD NEIGHBOUR.
THE GOOD NEIGHBOUR, INC. AND ITS SPONSORS AND ENTERPRISE PARTNERS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY THE GOOD NEIGHBOUR, INC. ITSELF, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THE GOOD NEIGHBOUR.
You agree to indemnify, defend, and hold harmless The Good Neighbour, Inc., its officers, directors, employees, agents, subcontractors, sponsors, and enterprise partners for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or relating to (i) any intentional or willful violation by you of any rights of another or harm to another caused by you or any product or service you make available through The Good Neighbour, (ii) any inaccurate or untruthful User Content or other information provided by you to or made available through The Good Neighbour, (iii) any violation by you of any term of this Agreement.
Either you or we may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to The Good Neighbour or any other The Good Neighbour, Inc. service, without notice, if we (in our sole discretion) determine that you have violated any term of this Agreement. In the event that your access is suspended due to the breach of this Agreement, you acknowledge and agree that any fee(s) you have paid for such service will not be refunded. Following any termination of your account and/or membership, we reserve the right to send a notice that you have been terminated to other Users with whom you have corresponded.
All notices and communications required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid or electronic mail as follows: if to you, to the most current email address or physical address on file with The Good Neighbour, Inc. in association with your membership or account; if to The Good Neighbour, Inc.:
The Good Neighbour, Inc.
This Agreement contains the entire agreement between you and The Good Neighbour, Inc. regarding the use of The Good Neighbour and any product or service obtained in relation thereto, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions or concerns about this Agreement or The Good Neighbour, please click here to contact us. firstname.lastname@example.org