Terms and Conditions

1. Purpose of the Site

• The Site exists solely to facilitate introductions and connections between individuals who wish to lend, borrow, or share tools, equipment, or other personal property ("Items").
• The Site does not own, inspect, store, maintain, insure, recommend, or control any Items listed or exchanged by users.

2. No Rental, Lending, or Guarantee by the Site

• The Site is not a party to any agreement, transaction, loan, rental, or arrangement between users.
• All agreements are strictly between the lender and the borrower.
• The Site does not guarantee availability, condition, safety, legality, or suitability of any Item.
• The Site does not verify user identity, qualifications, licenses, or experience.

3. Assumption of Risk

You acknowledge and agree that:

• Borrowing or lending Items involves inherent risks, including but not limited to property damage, personal injury, serious bodily harm, or death.

You voluntarily assume all risks arising from:

• Using or lending Items
• Meeting or interacting with other users
• Transporting, operating, or relying on any Item obtained through the Site

4. No Liability of the Site

To the fullest extent permitted by law:

The Site, its owners, operators, affiliates, and agents shall not be liable for any:

• Injury, loss, damage, or death
• Property damage or theft
• Misuse, malfunction, or failure of any Item
• Disputes, breaches, or misrepresentations between users

This includes, without limitation, direct, indirect, incidental, consequential, special, or punitive damages.

5. User Responsibility

Users are solely responsible for:

• Evaluating the safety and condition of Items
• Using Items properly and lawfully
• Determining whether they have adequate skills, training, or licensing
• Complying with all applicable laws and regulations
• Carrying any insurance they deem necessary

The Site makes no representations or warranties about any Item or user.

6. Indemnification

You agree to indemnify and hold harmless the Site and its operators from any claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising out of:

• Your use of the Site
• Your lending or borrowing of Items
• Any injury, loss, or damage caused by you or an Item you provide or use

7. No Warranties

The Site is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Dispute Resolution Between Users

The Site is not responsible for resolving disputes between users. Any disputes must be handled directly between the parties involved.

9. Limitation of Liability

If, despite these Terms, the Site is found liable for any reason, its total liability shall not exceed $100 USD or the amount you paid to use the Site (if any), whichever is less.

10. Modifications

The Site may update these Terms at any time. Continued use of the Site after changes constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.

12. Contact Information

For questions regarding these Terms, contact:

legal@clakus.com