DW Event CoParty & Event Rentals

TERMS OF SERVICE

DW Event Co LLC Version 1.0 — DRAFT Effective date: [DATE] Last updated: [DATE]

DRAFT — for your review. Not legal advice; I'm not a lawyer.

Read this first: These Terms govern use of the website. They are not your rental contract. The Rental Agreement is the document that governs an actual rental — the deposit, the damage charges, the weather policy, the liability terms. That one gets an explicit checkbox at checkout. This one lives in your footer.

Keeping them separate is deliberate. If you merge them, you weaken the rental agreement's enforceability, because it becomes unclear what the customer specifically assented to. Two documents, two jobs.

1. ACCEPTANCE OF THESE TERMS

These Terms of Service ("Terms") govern your access to and use of dweventco.com (the "Site"), operated by DW Event Co LLC, a Texas limited liability company ("DW Event Co," "we," "us," "our").

By accessing or using the Site, you agree to these Terms. If you don't agree, please don't use the Site.

These Terms do not govern your rental. If you book equipment, your rental is governed by the DW Event Co Rental Agreement, which you accept separately at checkout. Where these Terms and the Rental Agreement conflict on anything relating to a rental, the Rental Agreement controls.

2. ELIGIBILITY

You must be at least 18 years old to book equipment through the Site. By booking, you represent that you are 18 or older and legally able to enter into a contract.

3. WHAT THE SITE DOES

The Site lets you:

  • Browse the equipment we rent and see real-time availability for a given date
  • Build a cart and place a booking
  • Pay a deposit or pay in full
  • Receive a booking confirmation

We deliver within 15 miles of our service origin. Addresses outside that radius are blocked at checkout and we cannot serve them.

4. BOOKINGS

Placing a booking through the Site does not by itself create a rental. A rental is created when:

  1. you accept the Rental Agreement at checkout, and
  2. your deposit or full payment is successfully processed.

Bookings that are not paid do not reserve equipment. Inventory is held only against paid bookings.

We may decline or cancel any booking at our discretion — including for availability, service area, suspected fraud, or any other reason. If we cancel a booking you paid for, you get a full refund, including the deposit.

5. PRICING AND AVAILABILITY

  • Prices shown on the Site are in U.S. dollars and exclude the $25 delivery fee and Texas sales tax unless stated otherwise.
  • Availability shown is real-time but is not a guarantee. Inventory can be claimed by another customer while you're checking out.
  • We try to keep pricing, availability, images, and descriptions accurate, but the Site may contain errors. We reserve the right to correct errors and to cancel any booking placed at an incorrect price, with a full refund including the deposit.
  • Images are representative. Actual items may vary slightly in appearance.
  • We may change prices at any time. The price in effect when you book is the price for that booking.

6. ACCEPTABLE USE

You agree not to:

  • Use the Site for any unlawful purpose
  • Place fraudulent, false, or bad-faith bookings
  • Use another person's name, payment method, or contact information without authorization
  • Scrape, crawl, harvest, or use automated means to access the Site or extract data from it
  • Attempt to gain unauthorized access to any part of the Site, our database, our admin dashboard, or any connected system
  • Probe, scan, or test the vulnerability of the Site
  • Interfere with or disrupt the Site, or overload our infrastructure
  • Introduce viruses, malware, or other harmful code
  • Copy, reproduce, or resell any part of the Site or its content
  • Use the Site or its content to build or train a competing product or service

We may suspend or block access to anyone who violates this section, and may pursue legal remedies.

7. INTELLECTUAL PROPERTY

The Site and everything on it — the DW Event Co name, the logo, text, photographs, graphics, layout, design, and code — is owned by DW Event Co LLC or licensed to us, and is protected by copyright, trademark, and other laws.

You may view and use the Site for the purpose of booking a rental. You may not copy, reproduce, distribute, modify, publish, or create derivative works from any part of it without our written permission.

The DW Event Co name and logo are our trademarks. You may not use them without our permission.

8. THIRD-PARTY SERVICES

The Site relies on third-party services, including Stripe (payments), Google Maps Platform (address validation), and our email and hosting providers. Your use of those features may be subject to those providers' own terms and privacy policies.

We are not responsible for third-party services, their availability, or their conduct. If a third-party service fails, our liability is limited as described in Section 10.

The Site may link to third-party sites. We don't control them and we're not responsible for their content or practices.

9. DISCLAIMERS

The Site is provided "as is" and "as available."

To the fullest extent permitted by Texas law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • the Site will be uninterrupted, timely, secure, or error-free
  • availability information displayed is accurate at every moment
  • defects will be corrected
  • the Site is free of viruses or harmful components

The Site depends on services we don't control — hosting, payment processing, mapping, email delivery. Any of them can fail. We are not liable for outages, downtime, or failures caused by them.

Note: this section disclaims warranties about the website. Warranties about the equipment are addressed in the Rental Agreement.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by Texas law:

  • Our total liability to you arising from your use of the Site will not exceed $100, or the amount you paid us in the 12 months before the claim, whichever is greater.
  • We are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of the Site — including lost profits, lost data, event costs, or the cost of substitute services.
  • We are not liable for any failure or delay caused by circumstances beyond our reasonable control.

This section limits liability for the Site. Liability relating to an actual rental — the equipment, the delivery, injuries at your event — is governed by the Rental Agreement, which has its own limitation of liability.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DW Event Co LLC, its members, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of:

  • your use of the Site
  • your violation of these Terms
  • your violation of any law or the rights of any third party

12. CHANGES TO THESE TERMS

We may revise these Terms at any time. Changes take effect when posted, and we'll update the "Last updated" date. Continuing to use the Site after a change means you accept the revised Terms.

Your rental is not affected by later changes. The version of the Rental Agreement in effect on your booking date governs your rental, regardless of any changes we make afterward.

13. GENERAL

  • Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles.
  • Venue. Any dispute arising from these Terms or the Site will be brought exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to that jurisdiction and venue.
  • Attorneys' fees. In any action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs.
  • Severability. If any provision is held unenforceable, the rest remains in force, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable.
  • No waiver. Our failure to enforce any provision is not a waiver of it.
  • Assignment. You may not assign these Terms. We may assign them to a successor.
  • Entire agreement. These Terms, together with our Privacy Policy — and, for rentals, the Rental Agreement — are the entire agreement between you and DW Event Co regarding the Site.
  • Survival. Sections 7, 9, 10, 11, and 13 survive any termination of your use of the Site.

14. CONTACT

DW Event Co LLC bookings@dweventco.com 682-478-6430 Fort Worth, Texas

Terms of Service version 1.0 — [DATE]