These terms and conditions (the “Agreement”) are a legal agreement between you (“You” or “Your”) and rooftopcar.com, (“rooftopcar.com,” “we,” “us,” or “our”), establishing terms and conditions under which You rent equipment and receive related services (“Services”) from rooftopcar.com.

General; Rental Not Purchase; Adult Agreement Required.

This Agreement contains all the terms and conditions governing Your rental of equipment from rooftopcar.com. You agree that Your use of our Services is subject in all respects to our Terms and Conditions of Use and our Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the equipment and that ownership of the equipment remains with rooftopcar.com at all times. Our equipment may be rented for use by individuals under 18 years of age, but we rent only to adults, who may rent the equipment with a credit card or other approved payment method. By agreeing to this Agreement, You represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the equipment as described herein.

Rental Fees; Credit Card Authorizations; Cancellations.

The rental fee (“Rental Fee”) for the equipment will be listed on the rooftopcar.com website or communicated to You at the time of your rental. Upon Your order for equipment, You hereby authorize us to charge Your credit card for the Rental Fee. In addition, You authorize rooftopcar.com to charge Your credit card for the entire original retail value of the equipment (when new), plus sales taxes (“Retail Value”), provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state, and local taxes, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by You directly or, if paid by rooftopcar.com, shall be paid by You to rooftopcar.com in connection with Your order for the rental.

Pickup and Return of Equipment.

You are responsible for picking up the equipment at our business address in Murray, Utah. The equipment must be returned to the same business address no later than 5:00 PM on the day of your lease termination. Failure to return the equipment by this time will result in a late fee of $25 per day for each day the equipment is late.

Damage and Total Loss.

You authorize us to charge your card for any damages to the equipment. In the event of total loss, the amount of $1,000.00 plus applicable taxes and fees will be charged to your card.

Limited Warranty; Disclaimer of Warranties.

rooftopcar.com warrants that the equipment rented will be in good working condition. If the equipment is not in good working condition, Your sole and exclusive remedy is to return the equipment to rooftopcar.com, and we will either replace it with a similar item in good working condition or refund the Rental Fee. This limited warranty is in lieu of any other warranties, whether express or implied, written or oral, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability.

In no event shall rooftopcar.com be liable to You or any third party for special, incidental, consequential, exemplary, punitive, multiple, or other indirect damages, or for loss of profits or loss of use damages, arising out of the equipment or services related thereto, whether based upon warranty, contract, tort, strict liability, or otherwise, even if rooftopcar.com has been advised of the possibility of such damages or losses. rooftopcar.com aggregate liability arising out of equipment and services related thereto, whether based upon warranty, contract, tort, strict liability, or otherwise, shall not exceed the applicable rental fees paid by You for the applicable equipment and/or service. rooftopcar.com is not liable for any personal injury or property damages inflicted by renting our equipment.

Miscellaneous.

This Agreement constitutes the entire agreement between You and rooftopcar.com with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, and undertakings with respect to the subject matter hereof. Modifications may be made only by rooftopcar.com. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term or condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of laws principles. You shall not assign this Agreement without rooftopcar.com's prior written consent.

Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6, and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. rooftopcar.com shall not be liable for failure to perform any of its obligations hereunder for reasons beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disasters, war, embargo, and/or riots or acts of terrorism.

In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute may be referred to arbitration in accordance with the applicable arbitration rules at rooftopcar.com's discretion. If rooftopcar.com decides to arbitrate, the arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon.

CLASS ACTION WAIVER: BINDING ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

By renting equipment from rooftopcar.com, You agree to be bound by these terms and conditions.