CLOUD OF GOODS MARKETPLACE RENTAL AGREEMENT

This Marketplace Rental Agreement ("Agreement") governs each booking, reservation, rental, delivery, pickup, and use of equipment arranged through the Cloud of Goods website, applications, platform, customer support channels, or related services (collectively, the "Platform").

By making a booking, clicking to accept, signing electronically, accepting delivery, taking possession of any rented item, or using any rented item, the customer identified on the booking ("Borrower," "Customer," "you," or "your") agrees to this Agreement.

For purposes of this Agreement, "Cloud of Goods" or "CoG" means Rental Commerce Inc. d/b/a Cloud of Goods, together with its parents, subsidiaries, affiliates, officers, directors, employees, agents, contractors, successors, and assigns.

Cloud of Goods operates an online marketplace and technology platform that enables customers to discover, compare, request, book, pay for, and communicate about equipment rentals offered by independent third-party rental partners, suppliers, merchants, and equipment owners (each, a "Partner").

Unless expressly stated otherwise in a separate written document signed by Cloud of Goods, the rental contract for the equipment is solely between the Borrower and the Partner fulfilling the booking.

Cloud of Goods is not the owner, manufacturer, lessor, supplier, merchant of record for the equipment itself, maintenance provider, repair provider, installer, transportation carrier, medical provider, childcare advisor, or safety certifier of the rented equipment, unless Cloud of Goods expressly states otherwise in a separate written agreement.

Cloud of Goods acts only as a marketplace facilitator, booking facilitator, limited payment collection agent, and administrative intermediary for rentals offered by independent Partners.

Each Partner is an independent business or person and is not an employee, representative, franchisee, joint venturer, or agent of Cloud of Goods for purposes of the rental itself.

Each Partner is solely responsible for, to the fullest extent permitted by law:

1. the ownership, legality, quality, merchantability, maintenance, inspection, cleanliness, repair, storage, transport, delivery, pickup, setup, installation, condition, and safety of the equipment;
2. the truth, completeness, and accuracy of its listings, descriptions, photos, instructions, operating guidance, disclosures, and item specifications;
3. compliance with all applicable laws, regulations, registrations, licenses, permits, warnings, recalls, and insurance obligations relating to the equipment and rental services; and
4. all acts, omissions, negligence, misconduct, or contractual non-performance related to the rental.

By entering into this Agreement, you represent and warrant that:

1. you are at least 18 years old and legally capable of entering into binding contracts;
2. all information you provide in connection with the booking is accurate, current, and complete;
3. you have authority to enter into this Agreement for yourself and any other user for whom you make the booking;
4. you will ensure that any person who uses the equipment is qualified, capable, and legally permitted to do so; and
5. you will comply with this Agreement and all applicable laws.

If you make a booking on behalf of another person, organization, family member, or business, you represent that you have authority to bind them to this Agreement.

You agree that you will:

1. inspect the equipment promptly upon delivery or pickup and before use;
2. use the equipment only for its ordinary intended purpose and in accordance with all instructions, warnings, labels, and laws;
3. stop using the equipment immediately if it appears unsafe, damaged, malfunctioning, recalled, or unsuitable;
4. keep the equipment secure and protected from theft, weather, misuse, abuse, overloading, contamination, and unauthorized use;
5. not alter, modify, repair, sublease, transfer, sell, or create any encumbrance over the equipment;
6. ensure that only competent, physically suitable, and legally authorized persons use the equipment;
7. notify the Partner promptly of any damage, defect, accident, injury, loss, theft, claim, delay, or operational issue; and
8. return the equipment, or make it available for pickup, in the condition required by the booking, ordinary wear and tear excepted unless otherwise required by applicable law.

You acknowledge and agree that:

1. equipment rentals may involve inherent and non-inherent risks, including risks of bodily injury, illness, disability, death, loss, delay, and property damage;
2. some equipment may be used for mobility, child care, travel, outdoor use, recreation, transport, or medical-adjacent convenience, and such use may create elevated risk;
3. Cloud of Goods does not independently inspect every item listed on the Platform and does not guarantee the condition, legality, or suitability of any rented item;
4. the Partner, not Cloud of Goods, is responsible for the equipment and rental fulfillment;
5. any information provided by Cloud of Goods is general information only and is not medical, engineering, childcare, safety, transport, or legal advice; and
6. you are solely responsible for determining whether any equipment is appropriate for your particular needs.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES PROVIDED BY CLOUD OF GOODS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

CLOUD OF GOODS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, NON-INFRINGEMENT, OR SUITABILITY, WITH RESPECT TO:

1. ANY EQUIPMENT;
2. ANY PARTNER;
3. ANY DELIVERY, PICKUP, SETUP, INSTALLATION, TRANSPORT, OR RELATED SERVICE;
4. ANY LISTING, DESCRIPTION, IMAGE, INSTRUCTION, OR REPRESENTATION POSTED ON OR THROUGH THE PLATFORM; OR
5. WHETHER THE EQUIPMENT WILL BE SAFE, FUNCTIONAL, TIMELY, COMPATIBLE, LAWFUL, OR APPROPRIATE FOR YOUR NEEDS.

ANY WARRANTY RELATING TO EQUIPMENT, IF ANY, IS PROVIDED SOLELY BY THE PARTNER OR MANUFACTURER, NOT BY CLOUD OF GOODS.

Nothing in this Agreement excludes any warranty, guarantee, or statutory right that cannot lawfully be excluded under applicable consumer protection law.

You must inspect the equipment at delivery, pickup, or first reasonable opportunity.

Unless prohibited by law, your acceptance, possession, or use of the equipment constitutes confirmation that, as between you and Cloud of Goods, you have had a reasonable opportunity to inspect the equipment and that any complaints relating to condition, setup, suitability, or performance must be directed in the first instance to the fulfilling Partner.

You must report any visible defect, damage, incompleteness, or operational problem as soon as reasonably possible.

To the maximum extent permitted by applicable law, you voluntarily assume all risks arising from or related to the selection, delivery, pickup, possession, transport, setup, installation, operation, use, misuse, storage, and return of the equipment, including risks of personal injury, illness, death, property damage, delay, inconvenience, and economic loss.

This assumption of risk does not apply to any liability that cannot lawfully be waived or limited under applicable law.

To the maximum extent permitted by applicable law, you release and discharge Cloud of Goods from claims, demands, liabilities, damages, losses, costs, and expenses arising out of or relating to:

1. the condition, quality, legality, or safety of equipment;
2. acts or omissions of any Partner or third party;
3. delivery, pickup, setup, installation, transport, or fulfillment services provided by a Partner or third party;
4. your use, misuse, inability to use, or delayed use of equipment; and
5. disputes between you and a Partner.

However, nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence where non-waivable, death or personal injury caused by negligence where such exclusion is prohibited, violation of non-waivable statutory rights, or any other liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by applicable law, if Cloud of Goods is found liable to you for any claim arising out of or relating to the Platform or Cloud of Goods' marketplace services, the aggregate liability of Cloud of Goods shall not exceed the lesser of:

1. the total fees actually retained by Cloud of Goods in connection with the specific booking giving rise to the claim; or
2. USD $100 (or local currency equivalent),

except where a higher minimum amount is required by mandatory law.

To the maximum extent permitted by applicable law, Cloud of Goods shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of profits, loss of revenue, loss of data, loss of opportunity, reputational loss, or business interruption, even if advised of the possibility of such damages.

This Section is subject to all mandatory consumer rights and non-excludable statutory protections.

Except to the extent prohibited by law or modified by a separately purchased and applicable optional damage waiver or protection product, you are responsible to the Partner for loss of, theft of, destruction of, damage to, or contamination of the equipment occurring during your rental period, except for ordinary wear and tear.

You authorize charges consistent with the booking, checkout authorizations, and applicable policies for:

1. unpaid rental charges;
2. late return fees;
3. cleaning fees where properly disclosed;
4. loss or damage charges permitted by law and contract;
5. collection costs where permitted by law; and
6. taxes, governmental charges, and payment processing reversals or chargebacks.

Where Cloud of Goods collects such amounts, it does so as a limited payment collection agent or administrative intermediary for the Partner and/or for its own platform-related charges.

Any optional damage waiver, protection product, or similar feature offered through the Platform is governed solely by its separate written terms.

Unless the separate written terms expressly state otherwise:

1. such protection is not insurance;
2. Cloud of Goods is not acting as an insurer;
3. the waiver or protection product applies only as expressly stated; and
4. all exclusions, deductibles, caps, and conditions remain enforceable subject to applicable law.

All bookings are subject to availability, pricing, lead times, delivery zones, Partner acceptance, and applicable taxes and fees.

By placing a booking, you authorize Cloud of Goods and/or its payment processors to charge your selected payment method for all amounts disclosed at checkout and any additional authorized amounts permitted under this Agreement or applicable policy.

Cancellation, modification, refund, and no-show rules are governed by:

1. the booking-specific terms shown at checkout;
2. any applicable Cancellation & Refund Policy published on the Platform; and
3. mandatory local law.

If those sources conflict, mandatory law controls first, then checkout-specific disclosures, then the applicable published policy.

Delivery and pickup times are estimates unless expressly guaranteed in writing.

Cloud of Goods is not responsible for delays, failures, or interruptions caused by the Partner, traffic, weather, force majeure events, natural disasters, labor interruptions, strikes, governmental action, border or customs issues, war, civil unrest, cyber incidents, platform outages, transportation interruptions, or other causes beyond its reasonable control.

Where required by law, customers will retain any mandatory remedies that cannot be contractually waived.

Cloud of Goods does not provide:

1. medical advice;
2. healthcare services;
3. rehabilitation advice;
4. engineering certification;
5. accessibility assessments;
6. child-safety advice;
7. car seat installation certification;
8. transportation advice; or
9. legal compliance advice for your intended use.

If you rent mobility, medical-adjacent, or child-related equipment, you are solely responsible for verifying that the equipment is suitable for the intended user and intended use, and for consulting qualified professionals where needed.

Nothing in this Section limits any statutory duties that cannot be excluded under law.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cloud of Goods from third-party claims, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable legal fees) arising from or related to:

1. your breach of this Agreement;
2. your misuse or unlawful use of equipment;
3. bodily injury, death, or property damage caused by you or by any user under your control;
4. your violation of law or third-party rights; or
5. content, information, or representations you provide through the Platform.

This indemnity does not require indemnification for any liability that cannot lawfully be shifted under applicable law.

Because the rental contract is between you and the fulfilling Partner, disputes regarding equipment condition, quality, availability, fulfillment, delivery, pickup, damage, suitability, or Partner conduct are primarily between you and the Partner.

Cloud of Goods may, but is not obligated to, assist in communications, goodwill resolutions, refunds administration, claims handling support, or payment coordination. Any such assistance does not make Cloud of Goods a party to the dispute or create any duty, warranty, or liability.

Your use of the Platform is also governed by the applicable Terms of Use, Privacy Policy, booking disclosures, and any other incorporated policies posted by Cloud of Goods.

If there is a conflict between this Agreement and the Terms of Use, the following order applies for the specific issue in dispute:

1. mandatory applicable law;
2. booking-specific checkout disclosures;
3. separate protection plan or damage waiver terms for those specific products;
4. this Agreement;
5. the Terms of Use;
6. other platform policies.

Any dispute between you and Cloud of Goods relating to the Platform or Cloud of Goods' marketplace services will be resolved in accordance with the dispute resolution provisions in the applicable Terms of Use, except to the extent prohibited by mandatory local law.

Nothing in this Agreement prevents a consumer from bringing claims before a court, tribunal, regulator, ombudsman, or dispute body where that right is mandatory under applicable law.

Where arbitration, class action waiver, forum selection, or governing law provisions are not enforceable against a consumer under local law, they shall apply only to the extent legally permitted.

Nothing in this Agreement excludes, restricts, waives, or limits any consumer rights, remedies, guarantees, protections, cancellation rights, withdrawal rights, unfair-contract-term protections, or statutory warranties that cannot lawfully be excluded or limited under applicable law.

If any provision of this Agreement conflicts with such mandatory rights, that provision shall be interpreted, narrowed, or severed to the minimum extent necessary, and the remainder of the Agreement shall remain in effect.

The following region-specific rules apply in addition to the rest of this Agreement. If there is any conflict, the region-specific rules control for consumers in that geography.

21.1 European Union / EEA

For consumers habitually resident in the EU/EEA:

1. mandatory consumer protection laws of your country of residence may apply;
2. nothing in this Agreement removes rights granted under applicable EU consumer law;
3. any pre-contract disclosures, cancellation rights, withdrawal rights, conformity rights, or mandatory remedies required by law remain in effect;
4. any choice of law or forum shall not deprive you of mandatory protections of the country where you reside.

21.2 United Kingdom.

For consumers resident in the United Kingdom:

1. mandatory rights under UK consumer law remain unaffected;
2. nothing in this Agreement limits non-excludable rights under the Consumer Rights Act 2015 or other applicable UK law;
3. any unfair or non-binding term shall be severed or read down accordingly.

21.3 Canada.

For consumers in Canada:

1. mandatory federal and provincial consumer and privacy rights remain unaffected;
2. any limitation of liability, release, or dispute resolution clause applies only to the extent enforceable in the relevant province or territory;
3. if you are in Quebec, additional local requirements may apply, including language and consumer law protections.

21.4 Mexico.

For consumers in Mexico:

1. mandatory consumer and data protection rights remain unaffected;
2. any clause that is abusive, misleading, non-transparent, or unenforceable under applicable Mexican law shall not apply to that extent;
3. customers may exercise any non-waivable rights available under Mexican law.

21.5 Australia.

For consumers in Australia:

1. nothing in this Agreement excludes, restricts, or modifies any rights or remedies under the Australian Consumer Law, including non-excludable consumer guarantees;
2. where goods or services are supplied to a consumer under the Australian Consumer Law, statutory guarantees may apply;
3. any limitation, exclusion, disclaimer, or release in this Agreement is subject to those non-excludable rights.

You are responsible for complying with all laws applicable to your possession and use of the equipment.

Where applicable, taxes, duties, VAT, GST, sales taxes, environmental fees, tourism levies, or similar charges may be added to the booking as required by law.

Cloud of Goods and/or the Partner may collect and remit taxes as required by applicable law.

You may not assign or transfer your rights or obligations under this Agreement without prior written consent from Cloud of Goods and, where applicable, the Partner.

Cloud of Goods may assign this Agreement, in whole or in part, to an affiliate, acquirer, successor, or as part of a merger, sale, reorganization, or transfer of assets, subject to applicable law.

If any provision of this Agreement is found invalid, illegal, unfair, or unenforceable, that provision shall be limited or severed only to the minimum extent necessary, and the rest of the Agreement shall remain enforceable to the fullest extent permitted by law.

Failure by Cloud of Goods or the Partner to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

This Agreement, together with the booking-specific disclosures, Terms of Use, Privacy Policy, damage waiver or protection terms if purchased, and any other incorporated policy, constitutes the entire agreement between you and Cloud of Goods relating to the Platform's marketplace role, and between you and the Partner relating to the rental, except as otherwise expressly provided in a separate signed writing.

The Cloud of Goods parties are intended third-party beneficiaries of any provisions in this Agreement that disclaim liability, allocate responsibility, provide indemnity, impose dispute procedures, or otherwise protect Cloud of Goods, and may enforce those provisions directly.

For customer support or legal notices relating to the Platform, contact:

• Rental Commerce Inc. d/b/a Cloud of Goods
  Address: 3730 Coconut Creek Parkway, Suite 110, Coconut Creek, FL 33066
  Email: info@cloudofgoods.com
  Phone: 407-545-3103
  Website: https://www.cloudofgoods.com

For issues relating to the equipment itself, fulfillment, delivery, pickup, or condition, please also contact the fulfilling Partner identified in your booking confirmation.

You agree that:

1. this Agreement may be accepted electronically; You agree that checking a box, clicking to accept, placing a booking, accepting delivery, taking possession of the item, or using the item constitutes your electronic signature and acceptance of this Agreement.
2. electronic records and signatures have the same legal effect as paper records and handwritten signatures, to the extent permitted by law;
3. Cloud of Goods may provide notices, disclosures, receipts, and communications electronically; and
4. you are responsible for maintaining accurate contact details.