Eligibility and Assent to Terms
The following Terms of Service for Liquid AV services, applications, domains and networks offered by Liquid AV, LLC (“Liquid AV Service”) is a legal contract between you, either an individual of at least 18 years of age or a single entity (“You” or, collectively, “Users”), and Liquid AV regarding your use of the Liquid AV Service.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS OF SERVICE"). IF YOU ARE USING LIQUID AV'S SERVICE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION). BY CLICKING THE "I ACCEPT" BUTTON OR BY USING THE LIQUID AV SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE LIQUID AV SERVICE.
By placing an order with Liquid AV, you agree to the following Terms & Conditions:
1. The Lessee acknowledges that Liquid AV shall in no event be liable for any injury, loss or damage, direct or consequential, arising out of the use or the inability to use the equipment. Lessee assumes all risks or loss, injury, destruction and liability whatsoever resulting from the use of such equipment.
2. The Lessee will notify Liquid AV against all loss or damage to the equipment caused by the Lessee’s negligence or improper use. “Improper use” includes using the equipment other than in accordance with manufacturer’s and/or Liquid AV's instructions; using the equipment for a purpose other than for its intended or usual purpose; allowing the equipment out of the Lessee’s control and custody; and/or failing to protect it from loss or damage.
3. In the event that the Lessee’s negligence or improper use caused loss or damage to the equipment, the Lessee further agrees to reimburse Liquid AV the cost of replacement or any repairs to the equipment, up to the limit of the retail price.
4. A representative from your organization must be at the venue at the time of delivery and pickup of equipment.
5. Lessee accepts responsibility for all users of the equipment during the time the equipment has been rented.
6. Lessee will exercise all care over the equipment so as to prevent loss or damage.
7. In the event of any dispute arising out of the subject matter of these Terms of Service, the prevailing party shall be entitled subject to the mediation and binding arbitration provisions, recover, in addition to any other damages assessed, its attorneys' fees and court costs incurred in resolving or otherwise settling such dispute.
8. These Terms of Service constitute the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, arrangements, and understandings with respect thereto. No representation, promise, inducement, statement or intention has been made by any party hereto that is not embodied herein, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statement not so set forth herein.
9. Lessee acknowledges and agrees that Liquid AV makes no warranty, express or implied, regarding the equipment, including without limitation any warranty or merchantability or fitness for any purpose. Liquid AV's obligation to Lessee shall be limited to the repair or replacement of equipment which is defective when delivered to Lessee, and Rentee agrees that this shall be its sole and exclusive remedy against Liquid AV.
10. At all times Liquid AV shall have the right to inspect the equipment or observe it's use.
11. The equipment shall be used only at the location stated on the order form and shall not be removed from the location without Liquid AV's consent.
12. Cancellation prior to 24 hours of commencemant of the rental peroid is not subject to charge and Lessee is eligible for a full refund. Any cancellations made the same day as the rental date will not be eligible for a refund.
13. Applicable sales tax imposed on Liquid AV in connection with your order will be added to the rental fee.
14. Lessee agrees that an electronic acknowledgement of acceptance and understanding of these Terms of Service shall be effective to bind such Terms of Service.
You agree to indemnify Liquid AV, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Liquid AV Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Liquid AV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Liquid AV, and you agree to cooperate with Liquid AV's defense of these claims. Upon notice of any impending claim, action or proceeding, Liquid AV will use reasonable efforts to notify of any indemnification obligation.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LIQUID AV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE THE LIQUID AV SERVICE, OR ANY OTHER INTERACTIONS WITH LIQUID AV OR OTHER LIQUID AV SERVICE USERS, EVEN IF LIQUID AV OR AN LIQUID AV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIQUID AV'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL LIQUID AV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR INTERACTIONS WITH LIQUID AV OR OTHER LIQUID AV SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE LIQUID AV SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES OTHER THAN LIQUID AV.
YOU ACKNOWLEDGE AND AGREE THAT LIQUID AV HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LIQUID AV, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LIQUID AV. LIQUID AV WOULD NOT BE ABLE TO PROVIDE THE LIQUID AV SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AND LIQUID AV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIQUID AV SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These services are offered by Liquid AV, LLC.