Terms & Conditions

LEGAL LINGO

Terms and Conditions of Use

 Introduction

 “Boxzilla,” “Lessor,” “our,” and “us” refers to Boxzilla, LLC. “You” and “Lessee” refers to any person who may access the website, is reading these Terms of Use, or rents Equipment from Boxzilla. “Parties” refers to you and Boxzilla. “Equipment” refers to any item rented from Boxzilla. Please carefully read the following terms and conditions (collectively “Terms of Use”). These Terms of Use apply to you whether as a guest or user of rentboxzilla.com or as a Lessee of Boxzilla Equipment.  Accessing this “Website” and renting Equipment from Boxzilla is an express acceptance of and agreement to all of the Terms of Use. These Terms of Use constitute a legal, binding agreement between you and Boxzilla. If there should be any inconsistency between these terms and conditions and those appearing in another written agreement, then these terms and conditions shall govern and control.

 Changes to the Terms

 Boxzilla may revise and update these Terms of Use from time to time based on our sole discretion. All changes are effective immediately when posted, and apply to all access and use of the Website or renting of Equipment thereafter. Your continued use of the Website or renting of Equipment following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Terms of Use so that you are aware of any changes, as they are binding on you.

 Prohibited Uses-Website

 You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website to violate any applicable federal, state, local, or international law or regulations. You agree that you will not impersonate Boxzilla, a Boxzilla employee, another user, or any other person or entity; you will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Boxzilla or users of the Website or expose them to liability; and you will not interfere with the proper working of the Website.

 Inspection of Equipment

 Upon receipt of the Equipment, Lessee acknowledges that he or she had an opportunity to examine each piece of Equipment and that all of the Equipment is in good condition and satisfactory for the purposes for which Lessee shall use it.  Lessee agrees that it is presumed that he or she has fully inspected each piece of Equipment and the Equipment shall be deemed in good condition and satisfactory upon Lessee’s acceptance, unless Lessee provides written notice to Boxzilla to the contrary prior to acceptance.

 Payment, Use, and Control of Equipment

 You agree to pay the invoice amount upon receipt of the Equipment.

Lessee acknowledges that it is the sole responsibility of Lessee to return the Equipment to Boxzilla by the agreed upon date and in the same condition that Lessee received it.

 Lessee will not alter, disfigure, damage, or otherwise effect the Equipment in any way.  The Lessee acknowledges that he or she is fully responsible for the Equipment and will exercise caution and care while using the Equipment.  Lessee will not give the Equipment to a third-party and will not sublease or transfer the Equipment. The Equipment shall remain in the Lessee’s care and control until it is returned to Boxzilla.

 Lessee shall keep all Equipment protected and maintained and ensure that it is returned in good condition, as received.

 Cancellation Policy

 You are required to notify Boxzilla at least 24 business hours before your scheduled delivery time if you wish to cancel your reservation. Cancelling your reservation without providing the 24 business hour notice will result in a Cancellation Fee of $50.00.

 Late Fees

 In the event the Equipment is not ready for pick up by Boxzilla at the scheduled time, a Late Fee of $25.00 per day will be automatically imposed until the Equipment is returned to Boxzilla. If the Equipment has not been returned 30 days after the scheduled pick up date, Boxzilla will presume that you intend to keep the Equipment, and you will be charged the full retail price for each piece of Equipment that has not been returned. The full retail value of one box is $24.99 and the full retail value of one dolly is $75.00.

 Damaged Equipment

 Lessee is responsible for any loss or damage to the Equipment.  You are obligated to pay for the full retail value of the Equipment in the event that the Equipment is not returned, lost, stolen, damaged, or is otherwise not returned in accordance with these Terms of Use (“Damages”).  The Equipment is in the Lessee’s “possession” beginning when the Equipment is delivered to Lessee until it is returned to Boxzilla.

 Risk of Loss

Boxzilla is not responsible for any theft, loss, destruction, or any type of damage from any cause to property, material, or equipment owned by Lessee or any third-party. This includes items placed in or moved in any of Boxzilla’s Equipment. Lessee is responsible for packing their personal belongings in a manner to avoid any damage; therefore, Lessee agrees that Boxzilla is not responsible for any damage that may result to Lessee’s property or any items that may be damaged using Boxzilla’s Equipment.  Boxzilla is not responsible for any personal injury that may arise from the use of the Equipment.  Lessee assumes the risk of loss to their property and the property of others and will be solely responsible for any damage or loss caused.

Title

Boxzilla shall at all times retain ownership and title to all Equipment.  Lessee shall, at their expense, protect and defend Boxzilla’s ownership against all persons, at all times, keeping the Equipment free from any legal process or encumbrance whatsoever, including but not limited to liens, attachments, levies, and execution and shall give Boxzilla immediate written notice thereof and shall indemnify Boxzilla from any loss caused thereby, including for any and all attorney fees and costs.

Limitation on Liability

a.      Rental Equipment

Boxzilla shall not be responsible to you or any other person for any loss, however caused, including but not limited to passive acts, omissions, negligence or any person unless the loss is directly caused by Boxzilla’s fraud or willful violation of the law. Lessee hereby releases, for Lessee and any heirs, agents, and assigns, Boxzilla and Boxzilla’s agents, representatives, members, officers, successors, and assigns (collectively, “Boxzilla’s Agents”) from any and all claims, counterclaims, defenses, affirmative defenses, causes of action, and responsibility for any loss, liability, claim, expense, injury to person(s), or damage to property which may arise or relate to in any the Equipment, these Terms of Use, or Lessee’s relationship or agreements with Boxzilla or Boxzilla’s Agents.  Lessee expressly agrees that the carrier of any insurance obtained by Lessee shall not be subrogated to any claim of Lessee against Boxzilla or Boxzilla’s Agents and Lessee hereby waives any and all such subrogation rights. LESSEE WAIVES ANY CLAIM FOR EMOTIONAL HARM OR FOR SENTIMENTAL ATTACHMENT TO LESSEE’S PROPERTY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LESSEE WAIVES ALL CLAIMS FOR CONSEQUENTIAL, SPECIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVIALABLE TO LESSEE. Lessee agrees that Boxzilla and Boxzilla’s Agents will not be liable for any amount that exceeds the portion of the rent payment that has been paid by Lessee to Boxzilla. You agree that Boxzilla’s total liability to you, if any, for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) shall never exceed the amount you paid to Boxzilla for rental of the Equipment.

b.      Website 

Boxzilla will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, or computer virus.  Boxzilla will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or inability to use, the materials in this Website, even if there is negligence or Boxzilla or one of Boxzilla’s Agents has been advised of the possibility of such damages, or both.  Boxzilla’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to Boxzilla to access the Website, which in all cases, will be $0.00.

Indemnity

Lessee shall indemnify, defend, and hold harmless, Boxzilla and Boxzilla’s Agents against any and all losses and liabilities, including but not limited to costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action, and lawsuits of any kind in any way arising from, or as a result of, or in connection with, Lessee’s use of the Website or the Equipment rented from Boxzilla, including, without limitation, as a result of any of Lessee’s breach of his or her obligations pursuant to these Terms of Use.

Disclaimer of Warranties

 a.      Rental Equipment

 Boxzilla hereby disclaims any implied of express warranties, guarantees, and representations of the nature, condition, safety, or security of the Equipment, including any warranties of merchantability or fitness for a particular use or purpose.  Lessee hereby acknowledges and agrees that Boxzilla does not represent or guarantee the safety or security of the Equipment or of any property stored therein and this agreement does not create any contractual duty for Boxzilla to create or maintain such safety or security. Lessee further acknowledges and understands that Boxzilla makes no assurances or guarantees regarding the time of pick-up or delivery of the Equipment.

 b.      Website

 You understand that Boxzilla cannot and does not guarantee or warrant that any files from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BOXZILLA NOR ANY PERSON ASSOCIATED WITH BOXZILLA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BOXZILLA NOR ANYONE ASSOCIATED WITH BOXZILLA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 BOXZILLA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 Waiver and Severability

No waiver of by Boxzilla of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Boxzilla to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan.  Lessee knowingly and voluntarily waives Lessee’s right to a trial by jury with respect to any claims, dispute, or conflict with Boxzilla.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Boxzilla with respect to the Website and rental of Boxzilla Equipment. These Terms of Use will supersede all other agreements, representations, and warranties, both written and oral with respect to that subject matter.

Attorney Fees

In the event that Boxzilla takes any action, judicial or otherwise, to interpret or enforce any part of the Terms of Use (i.e., for example collection of Damages, Cancellation Fee, or Late Fees), Boxzilla shall be entitled to recover all amounts from you it may reasonably incur in taking such action, including but not limited to attorney fees, expenses, and costs, whether incurred in court, on appeal, in bankruptcy, or in connection with no judicial action.

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