# Liability Waiver and Disclaimer **MarigoldShare** — Liability Waiver and Disclaimer **Effective Date:** April 15, 2026 **Last Updated:** April 15, 2026 --- > **IMPORTANT: PLEASE READ THIS WAIVER CAREFULLY BEFORE USING THE SERVICES OR PARTICIPATING IN ANY TOOL LENDING OR BORROWING TRANSACTION. BY CREATING AN ACCOUNT AND USING MarigoldShare, YOU AGREE TO THE TERMS OF THIS WAIVER. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.** --- ## 1. Nature of the Platform MarigoldShare is a peer-to-peer platform that connects individuals ("Members") within local communities to facilitate the lending and borrowing of physical Items. **Marigold Intelligence LLC** ("we," "us," or "our") does not own any Items listed on the platform, does not inspect or certify the condition or safety of any Items, does not supervise any lending or borrowing arrangements, and is not a party to any transaction between Members. The platform limits listings to Items with a declared replacement cost of $300 or less. All Item lending and borrowing arrangements are made solely between individual Members at their own risk. --- ## 2. Assumption of Risk By participating in any Item lending or borrowing transaction facilitated through MarigoldShare, you freely and voluntarily acknowledge and accept all risks associated with: - The condition, safety, and suitability of any Item borrowed or lent. - The operation, use, or misuse of any Item. - Physical injury, property damage, or financial loss that may result from the use of a borrowed Item. - The condition of any premises where Item pickup, return, or use occurs. - The conduct, representations, or actions of other Members. You acknowledge that certain Items — particularly tools, equipment, and machinery — can be inherently dangerous, may have latent defects not apparent at the time of lending, and that their use involves risk of serious injury or death. You agree that you are solely responsible for ensuring that any Item you borrow is appropriate for your intended use, that you are qualified to use it safely, and that you follow all applicable safety precautions and operating instructions. You further acknowledge that the platform limits Item listings to a declared replacement cost of **$300** or less, and that this ceiling represents the maximum financial exposure the platform's governance framework is designed to accommodate. --- ## 3. Release of Liability To the fullest extent permitted by applicable law, **you hereby release, waive, discharge, and covenant not to sue Marigold Intelligence LLC, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, successors, and assigns** (collectively, the "Released Parties") from any and all claims, demands, actions, damages, losses, costs, and liabilities of any kind (including personal injury, death, and property damage), whether known or unknown, arising out of or related to: - Your use of the MarigoldShare platform. - Any Item lending or borrowing transaction you participate in. - The condition, operation, or use of any Item. - The conduct of any other Member. - Any act or omission of the Released Parties in connection with the Services, except to the extent caused by gross negligence or willful misconduct. --- ## 4. Indemnification You agree to indemnify, defend, and hold harmless the Released Parties from any third-party claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: - Any Item lending or borrowing transaction you participate in. - Your use or operation of any Item. - Your violation of these Terms, the Community Bylaws, or any applicable law. - Any injury, death, or property damage caused by an Item you lent or borrowed. --- ## 5. No Warranty Regarding Items MarigoldShare makes no representation or warranty of any kind, express or implied, regarding: - The condition, safety, fitness for purpose, or suitability of any Item listed on the platform. - The accuracy of any Item description, listing, declared replacement cost, or user review. - The identity, credentials, or trustworthiness of any Member. Members lend and borrow Items entirely at their own risk. --- ## 6. Insurance MarigoldShare does not provide any insurance coverage for tools, injuries, or property damage arising from rental transactions. Members are strongly encouraged to: - Verify whether their homeowner's, renter's, or personal property insurance covers tools they lend out or tools they borrow. - Consider standalone personal liability or rental insurance where appropriate. - Seek their own legal and insurance advice regarding their specific situation. --- ## 7. Limitation of Liability The limitations of liability in this Waiver are consistent with and complement the categorical exclusions set out in Section 10 of the MarigoldShare **Terms of Service**, which is incorporated herein by reference. Together, these provisions govern the full scope of Marigold Intelligence LLC's liability to you. Notwithstanding any other provision of this Waiver or the Terms of Service, to the maximum extent permitted by applicable law, the Released Parties shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages — including personal injury, death, property damage, service interruption, data loss, or calculation errors — arising from or related to any tool lending or borrowing transaction or your use of the Services, regardless of the theory of liability and even if the Released Parties have been advised of the possibility of such damages. Specifically, and without limitation, the Released Parties are not liable for: - **Physical injury or death** arising from the use, misuse, or malfunction of any tool borrowed or lent through the platform. - **Property damage** caused by any tool during or after a rental transaction. - **Financial loss** arising from rental disputes, unpaid debts between Members, or errors in payment acknowledgment records. - **Tool loss or theft** occurring during a rental period, beyond the Member-to-Member obligations described in the **Community Bylaws**. - **Service outages or data errors** affecting rental records or bill splitting calculations, as further described in Section 10.2 of the Terms of Service. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or certain other damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law. --- ## 8. Severability If any provision of this Waiver is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of this Waiver shall remain in full force and effect. --- ## 9. Governing Law This Waiver is governed by the laws of the State of **Delaware**, United States, without regard to conflict of law principles. --- ## 10. Acknowledgment **BY CREATING AN ACCOUNT AND USING MarigoldShare, YOU ACKNOWLEDGE THAT:** - **YOU HAVE READ AND UNDERSTOOD THIS WAIVER.** - **YOU ARE VOLUNTARILY AGREEING TO ITS TERMS.** - **YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.** - **YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY ACCEPTING THIS WAIVER.** --- *This Liability Waiver was last updated on April 15, 2026.*