Terms and Condition

Thank you for visiting EZMonk. We are an E-commerce Website that provides a platform that brings together a peer- to- peer rental, exchange, sale of products and services between registered users. Registered users can save money as well as earn income easily through EZMonk by posting an item they already own for rent or by renting from people at a much lesser cost instead of purchasing the needed items.

Our term of service is designed for the benefit and as a guide to our users. An agreement with the terms of use is required prior to use of the website. It is therefore in the best interest of all users to thoroughly familiarize themselves with the terms and conditions provided herein in order to be fully informed before taking advantage of the services we provide. Prospective users are discouraged from use of the website unless they are in agreement with the terms and conditions as provide herein.

Any and all references made to EZMonk and EZMonk.com shall be synonymous with EZMonk, Inc. By using the EZMonk website you acknowledged that you have read, understood and greed to our terms, conditions and policies.

1. Applicability

EZMonk, Inc. owns and operates the EZMonk.com website. EZmonk reserves the right to modify these Terms and Condition without notice.

2. Definitions

As-Is Condition – The physical state an item is in when the rental period begins.

Commission Fee - The amount EZMonk withholds from the Owner when an item has been rented or service provided.

Item – Owner’s property or service that has been listed on the website.

List – An item offered for rent or service on the website by the Owner

Member – A registered person with an active user account on the website. All members are considered friends of EZMonk.

Member Account – a member’s private information stored on the EZMonk website requiring a username and password to access.

Owner – a member who lists a rental item or service on the website.

Rental/Service Agreement – The terms indicated by an Owner for an item listed that are agreed to by a Renter when reserving the item for a desired period of time.

Rental Period – The duration an item can be rented.

Rental Range – The length of time the Owner indicates an item can be rented for. For example, a day, week or month.

Renter – A member who rents an item on the website.

Rental Fee- The cost a renter will need to pay when an item is reserved for Rent.

Reservation/Reserve – When a Renter makes a request to rent an item for a specified time period.

User – Any and all individuals or entities that access the EZMonk site, as a member, user or visitor.

3. Website Platform

The EZMonk website is a rental and service marketplace that enables peer-to-peer transactions. All transactions are between the Owners and Renters of each item, thus, EZMonk is not a part of any transaction. EZMonk is the intermediary that brings the two parties (Owners and Renters) together. As compensation for bringing the two parties together, EZMonk retains a commission fee based on the total cost of the transaction (refer to EZMonk’s Pricing Policy).

EZMonk makes no claim or warrants the accuracy, truthfulness or the safety of the rental or service items described by an Owner. Owners post their items at their own risk. Renters rent items and services at their own risk. By using the EZMonk website both Owners and Renters agree to defend, indemnify and hold EZMonk or EZMonk’s management harmless from any and all claims, loss or damage, including but not limited to attorneys’ fees and costs, arising out of any rental or service transaction.

The EZMonk website is open to the public for browsing. However, in order to post a rentable item or service, and to rent an item or service, a person is required to have an EZMonk user account.

4. Owners

Owners are expected to provide an accurate and truthful description of an item being listed. Descriptions should include the items condition, purpose, defects, flaws, and expected return condition. For services, Owners should provide details of their expertise, what they can perform and any limitations. If an item has a serial number this should be indicated and a picture of the serial number provided with the item.

An Owner acknowledges that any and all item listed for rent is listed at the Owner’s own risks and Owner will hold no liability claims against EZMonk for the items condition upon return by the renter to Owner. Additionally, Owners will not hold EZMonk accountable for any lost, damaged, or unreturned items.

When listing an item to rent, the Owner agrees to the commission fees as provided in EZMonk’s Pricing Policy.

EZMonk reserves the right to remove any listed item if the company feels it is offensive, inappropriate and contains untruthful or inaccurate description.

5. Renters

Renter acknowledges that any item they rent or service requested is at their own risk and will hold no liability claims against EZMonk for the accuracy or truthfulness of the items description or the safety of the item itself. When renting an item the Renter agrees to the Owners terms and conditions associated with the item and waives any and all liability claims against EZMonk.

6. Members

As a member of the EZMonk website you are solely responsible for your account and your account activities. Accounts cannot be transferred to another person or a third party. Any violation is cause for a member’s account to be cancelled.

It is recommended that each member choose a secure password and not share their passwords with anyone. Passwords should be difficult to decode, but easy to remember. For added security, passwords should be changed at a minimum every 90 days.

Members are required to keep a valid email address, phone number and mailing address on file as a means of contact by either EZMonk or a potential Owner or Renter. Messages sent to a members email account are considered to be received and read by the member within 24 hours.

Each member is required to create a username for use at the website. Usernames shall not be misleading, inappropriate, offensive or hateful as determined by EZMonk. Any violation is cause for a members account to be cancelled.

7. Member Safety

EZMonk cannot guarantee the authenticity of each member and their identification. As such, it is important that everyone takes the same safety measures online as they would do in any public setting. Safety precautions should be taken into account when a physical rental or service transaction is taking place.

Feedback comments can be made for each interaction to provide a description of the transaction and to provide a rating. Feedback comment and ratings of members should be used when entering into an agreement with another member. An Owner reserves the right to cancel a Renters rental transaction request based on prior feedback comments and rating. If an Owner cancels a rental request, all fees will be returned to the Renter.

8. Registration Terms

When using the EZMonk website all users agree to these Terms & Conditions. By becoming an EZMonk member, a user agrees to use the website services in a safe and lawful manner. The EZMonk website is for adults capable of entering into a rental legal agreement within the United States, as each rental transaction is a legal contract between the Owner and Renter. If you cannot comply with any of these Terms and Condition, the EZMonk website service cannot be used. Failure to comply with any of the Terms & Condition may lead to cancellation of a member’s account. Member deactivation or cancellation can occur without notice at EZMonk’s discretion. Additionally, EZMonk reserves the right to terminate or cancel any membership for any reason without prior notice. This includes:

• Violation of any of EZMonk’s Policies (Terms and Condition, Pricing Policy, etc.)
• Providing inaccurate or false information
• Renting items that you do not own personally or do not have the consent of the owner to list an item for rent
• Illegally renting items that were copied from a copyright protected listing
• Making discriminating or abusive statements, using inappropriate language, threats, or any other form of hatred remarks
• Renting of pornography, animals or edible products
• Member solicitation, third party applications, spam, or other such tools and activity

In the event that EZMonk terminates a member account, the member will hold no liability claims against EZMonk or EZMonk’s management for any and all loss incurred as a result of any such cancellation.

9. Fees

The EZMonk website is free to browse, become a member, and to post items for rent. A fee commission is charged when an Owner rents an item to the Renter. The Renter will make a payment to EZMonk using a valid credit card charged through PayPal. EZMonk will obtain its commission fee from this payment and the remaining rental fee will be paid to the Owner. Any fees payable to PayPal will be the responsibility of EZMonk. Refer to EZMonk’s Pricing Policy for details of the commission fees.

EZMonk’s commission fees and Pricing Policy may change at any time. Once the new commission fees or Pricing Policy are published online, they will apply to all transactions thereafter. Commission fees and the Pricing Policy should be reviewed often, particularly before agreeing to any rental transaction.

The collection of a commission fee by EZMonk, does not make EZMonk a party in the rental transaction itself. Commission fees are for the management and marketing of the EZMonk website.

All rental fees and commission fees are expressed in US dollars.

10. EZMonk Liability

As a user and/or member of the EZMonk website and its services, you participate at your own risk without reliance on any express or implied warranty. Under no circumstances shall EZMonk be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from your use of the website or services, or resulting from any rental agreement, whether the damages arise from the use or misuse of the website or services, or inability to use the website or services, or the interruption, suspension, modification, alteration, or termination of the EZMonk website, the service or member account. This provision remains applicable even if EZmonk has been advised of the possibility of any such losses or damages. The website and all services provided are made available “as is”, with no warranties whatsoever. EZMonk, expressly disclaims to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. EZMonk further disclaims, to the fullest extent permitted by law, any warranties regarding the security, reliability, timeliness, availability, and performance of the site, including any and all services provided or received, directly or indirectly from use of the site. Any and all disclaimers of EZMonk, is intended to include any warranties for viruses or other harmful components that may arise in connection with use of the Site or the Services provided. Some states or other jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not be applicable in your state or jurisdiction.

11. Safety and Evolution

Membership on the EZMonk website relies on minimum identity confirmations. All Users are to be aware that there is no prescreening measuring of other Users. Therefore, Users should conduct their own due diligence and take precaution when dealing with other Users.

Evaluation for a rental transaction can be performed through feedback comments. The feedback section allows for both a number rating and a written description. It is strongly advised that all users review feedback when entering into a rental or service transition with an Owner or Renter.

EZMonk cannot and does not guarantee the safety of the items being posted for rent. Renter uses any and all items at their own risk without any implied or express warranty as disclosed in the EZMonk’s liability section above. Certain items, such as construction equipment, power tools, jewelry, etc. should always be kept away from children. Certain items can cause injury to those who do not know how to operate them properly or an item can break easily if not handled correctly. Users should always refer to the Owner/Manufacturer’s instructional manual for use whenever in doubt, certainly prior to using an item. If an Owner/Manufacturer’s instructional manual is not provided to the Renter by the Owner when a rental transaction occurs it is strongly recommended that the

Renter contact the Manufacturer for the instruction manual. The time required for the Renter to receive the Owner/Manufacturer’s instructional manual will not be added on to their rental period, thus, Renters should seek to obtain a copy of the Owner/Manufacturer’s instruction manual prior to the start of the rental transaction.

12. Posted Content

Users agree that all content being posted does not violet any of the EZMonk policies, or governing laws, trademarks, copyrights, patents, proprietary information, and similar regulations. EZMonk does not guarantee the truthfulness or accuracy of any of the information posted to the website. Any links to other website posted on the EZMonk website have no affiliation with EZMonk, for detailed disclaimer please refers to EZMonk liability section above. Any activity a User performs on these linked websites, are conducted at the Users own risk and each User agree to hold EZMonk harmless from any and all claims arising from any and all associated losses incurred. EZMonk reserves the right to edit, delete, or remove any content posted to the website, which includes deactivating any User account in its entirety.

Users shall not post copyright information controlled by someone else. Certain information posted to the EZMonk website is available to the general public. This includes all text and images associated with an item listed for rent. All feedback posted on the website will also be available to the public. By posting information on the website, you grant EZMonk the right to use, copyright and modify this information as EZMonk requires for any reason free of charge. EZMonk will not be required to informed the contents’ original owner when, where or how the information will be used by EZMonk.

13. Rental Listing Activity

Posting of an item can include text and images. An Owner shall posses the intellectual property rights of all text and images posted or have authority to reproduce the intellectual property. Owners are required to correctly classify a rental item in its associated category as provided by the EZMonk website. An Owner is responsible for accurately associating an item with its category, as this will provide an optimal potential for renting that item.

All of an Owner’s rental fees must be included in the total price listed. Each item’s rental description should include the rental terms and condition for the item.

Owner’s are given the option to either ‘drop off’ an item to a Renter directly, or have the Renter ‘pick up’ the item from the Owner. Any other form of transaction exchange, although not discouraged, shall be considered outside of the EZMonk policy and conducted solely at Owner and Renters risk.

After a Renter reservation is completed, a confirmation email is sent to both parties providing each other’s contact information. It is recommended that Owners and Renter begin communicating with each other to coordinate the transaction in advance of the rental period to ensure a smooth transaction.

Each owner affirms that they are the legal owner of any and all items listed for rent and they have the legal authority and permission to list that item for rent. When an Owner rent’s an item to a Renter, the Owner remains the legal owner of the item. The Renter does not hold any rights to sell, lend or rent the item to a third party without a written permission from the Owner. Renters should refer to the Owners additional written terms and condition.

Owners shall not post any direct contact information in their rental description. This includes contact numbers, address or website address.

When an Item has been reserved for rent, the Owner cannot change their pricing structure. The owner is obligated to honor the price that the Renter reserved the item at and the Owner cannot refuse to rent the item in the event they want to charge additional fees, except in the following circumstance; if it is obviously apparent to any reasonable person that the fee listed was mistakenly entered by the Owner, then the Owner may request a rental transaction cancellation with a brief explanation to EZMonk.

14. Use of a Rental Item

All Renters agree to use the item rented for the sole purpose for which the item was manufactured and intended. All Renters should become familiar with the item prior to use. The Familiarization can be from the Owner, or researching proper operational use from the manufacturer’s instructions. Subleasing of an item is strictly prohibited and only competent persons shall use a rented item.

From the time an item is rented until it is returned, the item shall be in the Renter’s possession. Owners should provide within the Item’s description, the required instruction for the condition the item shall be in when it is returned.

15. Rental Warranty

EZMonk does not offer any warranties or maintenance services at this time. EZMonk is not responsible to provide or offer any form of warranty or maintenance coverage for any item listed on the EZMonk website. If an Owner has an existing warranty on an item listed for rent, they should consult the company offering the service to understand their coverage regulations before renting the item to a Renter.

16. Taxes

Each User is solely responsible for reporting income earned from renting an item. EZMonk does not withhold any taxes from a User and by using the EZMonk website you agree to these terms. Each User should consult with their local tax advisor regarding applicable federal and state taxes they might be obligated to pay.

17. Licenses

If a User is participating on the EZMonk website as a business, the User should obtain the applicable business licenses to operate their business and consult with the appropriate agency on obtaining any licenses and/or insurance.

18. Rental Agreements

All rental agreements are solely between the Owner and Renter. When a Renter reserved an item to rent, they agree to the terms listed by the Owner. An Owner has the option to accept or decline a rental request by any potential Renter.

19. Changes to Terms & Condition

EZmonk reserves the right to modify these Terms and Condition without notice or limitations. When changes are made they will become effective immediately they are published and by using the EZMonk website, all Users agree to the most recent terms and conditions. Additionally, EZMonk reserves the right to cancel, alter or modify any service at any time without notifying members. Users agree to hold EZMonk harmless from any and all claims arising out of the use of the EZMonk website for any purposes. All such claims shall include, but not limited to direct, indirect, incidental, special, consequential or exemplary damages which may result from any changes made to the terms or services provided by the website. This hold harmless provision shall extend to all monetary, property or any foreseeable and unforeseen loses. Even if EZMonk was put on notice regarding the possibility of any such damages arising from any use, misuse, modification, alteration, interruption, suspension or termination of the Site, Service, Renter or member account.

20. Website Feature

1. The EZMonk website is enabled with Google Maps for Owner and Renter use. This feature is to be used as a guide and any misrepresentation by Google Maps is at no fault of EZMonk. All Users agree to hold EZMonk harmless from any and all claims for misrepresented information provided by Google Maps.

2. The EZMonk website allows for an Owner to rent an item with an Operator. Renters shall hold EZMonk harmless for any and all claims for damages or losses caused by the Owner’s Operator, whether it is caused by the Owner of the item or a person designated to operate the item.

21. Personal Information

EZMonk does not share personal information with a third party and considers the information confidential. However, EZMonk may use information to help improve the website and to gather data. All Users have the right to modify and cancel their accounts at any time.

22. Indemnity Clause

All Users of the website agrees to hold EZMonk harmless against all claims and associated loses that might result from using the website, whether acting as an Owner, Renter or Member. Loses include but are not limited to monetary, property, or any other type of loss. Under no circumstances will EZMonk be responsible for any direct or direct losses resulting from rental activity between the users.

In the event legal action is initiated between website Users, each litigant, User and Member, agree to hold EZMonk harmless against all claims for legal fees, including attorney fees and court cost.

23. No Agency, Joint Venture or other Relationship

It is expressly understood that all Users and Members of the EZMonk websites are independent parties, each acting in its name and for its own purpose. Each Member and all Users therefore acknowledge that by using the EZMonk Website, they will not hold themselves out as agent, partner or co-venturer of EZMonk. Nothing in this Terms of Use or other EZMonk Policies shall be deemed to constitute, create, give effect to or otherwise recognize a partnership, agency, joint venture or formal business entity of any kind or create a fiduciary or similar relationship among any Members or Users. All rights and obligations of any and all Users are strictly limited to those expressly set forth herein.

24. Indemnification

Each User and Member agree to defend, indemnify and hold EZMonk, its officers, officials, employees, agents, directors, administrators, employees, harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with any claim made by a third party, which results from any violation, stemming from the Member or Users failure to uphold any rules, regulations or instructions contained in EZMonk’s policies or Terms of Use. This includes, but is not limited to a violation of any law or regulation of any third party, including any and all complaints and legal claims pertaining to infringement or violation of intellectual property rights, libel, defamation and privacy rights.

EZMonk reserves the right, at its own discretion, to assume the exclusive defense control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EZMonk in asserting any available defenses

26. Governing Law and Jurisdiction

EZMonks Terms of Use and Policies shall be governed by and construed under the laws of the Commonwealth of Massachusetts and the United States of America. The federal and state courts of the State of Massachusetts will have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of use of this website.

All Members and Users accessing the EZMonk website from a location outside the United States of America are responsible for compliance with all applicable local rules and regulations governing each and every transaction undertaken on this website with other users.

27. Invalid or Unenforceable Provisions

If any provision of EZMonks Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

28. Other Terms and Conditions

• In the event the EZMonk wesbite contains any link to other websites, Users and Members are strongly encouraged to familiarize themselves with the confidentiality policies or practices on these websites if they enter the site, as EZMonk has no knowledge or affiliation therewith and disclaims all liabilities arising from any such use in accordance with the indemnification clause above. Therefore, Users and Members alike are personally responsible for each and every websites they visit.

• Use of the EZMonk website is considered an acceptance of the rights and obligation as provided in the EZMonk Terms of Use and any documentation incorporated by reference.

• By use of the EZMonk website, each Member and User agrees to comply with all local applicable rules and regulations.

• Profits generated from services or businesses conducted on the EZMonk website by Members or Users may be subject to taxation. Members and User agree to comply with all local rules and regulations’ governing such taxation as EZMonk does not withhold taxes from Members or Users.

• Members and Users agree to comply with all applicable rules and regulations necessary to legally operate and carry out any transactions on the EZMonk website.

• Use of the EZMonk website is for the general consumer as well as business professionals.

• Minors are not allowed on the website without proper parental supervision and the parents are strictly liable for any and all transactions initiated by minors with or without their knowledge.

• EZMonk’s Terms of Use provided on the website constitutes the entire agreement between Members and EZMonk. Any waiver of any provision of the terms of use shall only be effective if signed by the President and Director of EZMonk, Inc.

• EZMonk does not monitor communications or dealings between members.

• Primary method of communications from EZMonk to members shall be the email address provided by the member when an account is opened. All email notification shall be considered delivered immediately sent unless notification is received that the email address provided is no longer valid.