Terms of Service

Effective Date: January 7, 2020

These Terms of Service constitute a legally binding agreement between you and Catchbright, LLC, doing business as Drill Me Now, governing your use of services provisioned by Drill Me Now ("DMN"), whether online (via drillmenow.com, the "Site"), in-person, or by phone. The use of the term "we" incorporates anyone working on DMN's behalf, including its owners, employees, managers, agents, contractors, attorneys, and volunteers.

By 1) checking the box "I agree to the Terms of Service" in initiating an Order, or 2) accessing and using any part of the Site, or 3) sending an email confirming that you agree to the Terms of Service, you agree to be bound by these Terms of Service.

Internet technology, and the applicable laws, rules and regulations change frequently. DMN reserves the right to make changes to these Terms of Service at any time. Continued access and/or use of the Site in any manner constitutes assent to any new Terms of Service provisions that may be posted on drillmenow.com.

1. Business

DMN rents tools and other equipment. We can be reached at [email protected]

2. Eligibility

Use of DMN is limited to individuals who are 18 years of age or older. In initiating an Order with DMN, you represent and warrant that you are at least 18 years old and that all information you submit is accurate and truthful.

3. Accounts

Users do not need an account to access DMN at this time.

4. Definitions

User: Anyone who accesses the Site for any purpose whatsoever.

Customer (also referred to as "You"): A User who uses any of DMN's services, as described in Section 1.

Get or Return Date: The dates that the User selects to get or return rental equipment.

Item: The physical item that is part of an Order.

Order: The entirety of an Order, entered on the Site or with a DMN staff member, consisting of Item(s), selected Get and/or Return Dates where applicable, and payment and/or contact information

5. The Transaction Process

a. Making & confirming an Order. Orders are made as described in Section 4. DMN will send an immediate order confirmation to confirm that payment has been processed (if you did not receive this, please contact us ASAP)

b. Cancellation Policy.

c. Changing an Order. To make any changes to your Order, contact us.

d. Selecting Item(s).

e. Getting & Returning Items.

f. Inspecting Items upon receipt. We encourage the Customer to inspect all Item(s) upon receipt. Once the Customer leaves the store with the Item(s), or 3 hours have elapsed since s/he has received the items (for delivery), Customer assumes responsibility of the Item(s) in accordance with the sections below.

g. Using the Items (damage & loss policy for Rented Items). Customer shall keep all Item(s) rented or borrowed in the order and condition in which they were accepted and shall return them (and their accessories, such carrying cases) in the same order and condition, save for reasonable wear and tear. Accessory items used to power the Item(s) rented, such as batteries, should be returned even if drained of power. Customer should not attempt to clean (short of basic brushing, wiping, dusting, ory drying), repair, or replace Item(s) or parts to avoid further accidental damage and/or repairs/replacements that are not acceptable and have to be billed by DMN anyway.

To the extent that damages or losses are incurred by Customer during his/her possession of Item(s), he/she should notify DMN when Item(s) are picked up or returned. Regardless, DMN will calculate reasonable repair or replacement costs and notify Customer within 7 business days after Item(s) have been returned (DMN will notify Customer if more time is required, for example to obtain an estimate of repair costs). After DMN notifies Customer of fees, if Customer does not respond within 7 business days for damaged items or 3 business days for lost items, DMN reserves the right to charge the quoted costs.

h. Returning Rented Item(s) late: Any Item(s) not returned when due is subject to a $5 per-item per-day fine. The due date is effectively the end date selected by the Customer when the order is placed. Further any Item(s) not returned within 3 days may be defined as a loss and Customer may be directly charged or billed for a full replacement cost. DMN aims to be understanding of special circumstances, but this policy is in place to ensure all of our customers are able to use our gear.

i. Personal effects accidentally returned with Item(s): DMN shall not be responsible for loss or damage to personal effects left behind by Customers. DMN will make a reasonable effort to return any Items that DMN determines, in its sole and absolute discretion, to be of value to Customers.

6. Referrals

DMN does not currently have a referral program.

7. Customer's Representations and Warranties

Customer agrees that he/she is solely responsible for his/her health and safety and certifies that he/she has the experience, skill, and ability necessary to use Item(s) rented. Customer agrees that he/ she is responsible for knowing how to properly use the Item(s) and for obtaining necessary instruction as needed.

Customer shall be solely responsible for all Item(s) rented, regardless of whether Customer permits or shares Item(s) with additional persons. Customer understands that there is no insurance coverage provided and he/she shall be financially responsible for all lost, theft, abnormal wear and tear and cleaning of any Item(s) rented pursuant to these Terms of Service.

8. Assumption of the Risk, Release and Indemnification

a. Acknowledgement of Risks. Any activities for which Item(s) may be used are physically strenuous and inherently dangerous activities. Customer understands and acknowledges that there are known and unknown risks that could arise from his/her use of any Item(s) obtained and his/her participation in activities for which Item(s) were obtained. These risks can arise not only from the general existence or use of such Item(s), but also from the malfunction of such Item(s), whether through ordinary wear and tear, misuse or other negligence by any user, including prior owners, You, or prior Customers, the negligent acts or omissions of those assisting or instructing on the use of Item(s) or manufacturing defects unknown to DMN. Additional known and unknown risks may also result from any rescue, first aid, emergency treatment or services rendered or failed to be rendered for any injuries incurred. Customer understands and acknowledges that the above examples of risks are not an exhaustive list, given the nature of unknown risks. Customer understands that the known and unknown risks could result in physical or emotional injury, the extent of which could involve, but is not limited to, paralysis, death, illness, disease, or other damage to the Customer or other third parties, and property (whether of the Customer or of other third parties).

b. Acceptance of Risks. Customer expressly agrees and covenants to accept and assume all risks related to the use of any Items. Customer voluntarily elects to use such Item(s) in spite of these risks. Catchbright, LLC is likewise not liable for injuries or damage caused by third persons.

c. General Release. Customer hereby voluntarily releases, forever discharges and covenants not to sue Catchbright, LLC and its representatives, agents, contractors, employees, managers, volunteers, affiliates, attorneys, insurers, lessors, successors, and assigns ("the Released Parties") on behalf of him/herself and his/her spouse, children, parents, heirs, assigns, personal representatives, and estate from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to his/her use of Item(s), including, but not limited to, any claims which allege negligent acts or omissions of the Released Parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

d. Indemnification. Customer further agrees and covenants to defend, indemnify and hold harmless the Released Parties in connection with any liability, actual or alleged claims, demands, actions or causes of action, damages and/or injury to property or persons brought by any third party arising out of (i) the use of any Item(s), including, but not limited to, any claims relating to the negligent acts or omissions of the Released Parties; (ii) a breach of these Terms of Service; or (iii) a breach of the representations and warranties set forth in Section 6. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgment, awards, attorneys’ fees and related costs, expenses, as well as reimbursement to Catchbright, LLC for all legal expenses and costs incurred by it in connection with any such claims or in the enforcement of this Agreement.

9. Prohibited Conduct

In your use of the Site, you may not:

10. Content Licenses

By submitting, writing, posting, storing or transmitting any content to DMN or onto a platform managed by DMN (e.g., its Facebook page, Yelp page, or Google Plus page), including, but not limited to photographs of Users and/or items exchanged, Users grant DMN a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose, commercial or otherwise, without compensation or accounting. Users irrevocably waive any claims based on moral rights, if any.

11. Idea Submissions

Non-Proprietary: DMN considers any suggestions, ideas, proposals or other material submitted to it by Users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary. DMN shall not be liable for the disclosure, use or exploitation of such Material.

License: You hereby grant and agree to grant DMN, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

12. Privacy

DMN will only use personal information in accordance with DMN's Privacy Policy.

13. Individual Arbitration

EXCEPT AS OTHERWISE STATED HEREIN, Any claim or controversy with DMN arising out of or relating to these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16.

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the competed form to DMN at [email protected]

Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California.

Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.

14. DMN's Intellectual Property

Copyright: DMN owns all materials on drillmenow.com, including, without limitation, DMN’s logo, design, text, graphics, and other files, and the selection arrangement and organization thereof. You may not use such materials without permission. © 2016 Catchbright, LLC dba DMN. ALL RIGHTS RESERVED.

Trademarks: DMN and its logos are trademarks owned by DMN. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of DMN.

Ownership and Use: DMN will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of your use of drillmenow.com or these Terms of Service.

Your Content: DMN will not acquire an ownership interest in the material you post on drillmenow.com, but will acquire a non-exclusive license in accordance with Sections 11 and 12.

15. Notice of Claimed Infringement

If you have a good faith belief that your copyright has been infringed, please immediately email DMN at: [email protected]

16. Termination

Without limiting any other remedies, DMN may suspend or terminate its services and Users, restrict or prohibit access or your use of drillmenow.com, remove or restrict content, and/or take any technical or legal steps necessary if DMN: (i) suspects a User has breached these Terms of Service; (ii) is unable to verify or authenticate any User information; (iii) believes that a User is acting inconsistently with the letter or spirit of DMN's policies, has engaged in improper or fraudulent activity in connection with DMN or that a User’s actions may cause legal liability or financial loss to DMN's Users or to DMN; (iv) believes a User is infringing on the rights of third parties; (v) a User fails to pay any applicable fees due under these Terms of Service; and/or (vii) if the credit or debit card associated with any applicable fees should be rejected for any reason.

Effect of Termination: If your account is terminated for any reason, you shall remain liable for all debts or processing fees incurred through the date of termination. Following termination, you will not be permitted to use DMN.

Survival: The following Sections survive termination of your account and these Terms of Service: Cancellation Fees, Damage to or Loss of Items, Customer's Representations and Warranties, Assumption of the Risk, Release and Indemnification, Content License, Disclaimers, Exclusions and Limitations, Release, and Individual Arbitration.

17. Disclaimers, Exclusions and Limitations

DMN does not warrant the accuracy, completeness or the reliability of any advice, opinion, statement or other information on the Site. You acknowledge that any reliance on any such advice, opinion, statement or information shall be at your sole risk.

DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, DMN PROVIDES ITS WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. DMN DOES NOT REPRESENT OR WARRANT THAT DMN, ITS PRODUCTS OR SERVICES OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. DMN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION THAT DMN PROVIDES ON OR MAKES AVAILABLE ON ITS WEBSITE ARE NOT CONTROLLED BY DMN. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DMN MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.

EXCLUSION OF DAMAGES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, DMN WILL NOT BE LIABLE TO ANY CUSTOMER OF DMN'S SERVICES OR ANY USER OF THE SITE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF drillmenow.com, ITS SERVICES, AND/OR THE USE OF ANY OF ITS ITEMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Severability

The validity or unenforceability of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service.

19. Modifications

Our employees, volunteers or agents are not authorized to vary our Terms of Service. These Terms of Service may only be modified by obtaining written consent signed by a member of Catchbright, LLC.

20. No Agency

You and DMN are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

21. Choice of Law

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof.

22. No Waiver

No failure or delay by a party exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof.

23. Interpretation

Headings are for reference purposes only and do not limit the scope or extent of such section.

24. Notices

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to DMN at [email protected] All notices by DMN will be sent to you by email.

25. Complaints - California Residents

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.