Terms and Conditions of Use
Sunbelt Rentals, Inc. (“Sunbelt Rentals”) requests that you read the following terms and conditions (collectively, the “Terms”) before using this web site (the “Site”). Your use of the Site constitutes your acceptance of these Terms and your agreement to follow and be bound by these Terms. These Terms constitute a legal, binding agreement between you and Sunbelt. There may be additional or different terms and conditions stated elsewhere on the Site that apply to your access and use of the Site. If you do not agree to these Terms, you must not access or use the Site.
Unless otherwise stated in these Terms, any reference to “Sunbelt Rentals” in these Terms refers to Sunbelt Rentals, Inc. and all of its affiliates.
Changes to the Terms
Sunbelt Rentals may modify these Terms at any time. Those modified Terms will become effective immediately after Sunbelt Rentals posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate Sunbelt Rentals’ copyright, trademark, and other proprietary and intellectual property rights.
Modification of the Site
Sunbelt Rentals reserves the right to modify, suspend, discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that Sunbelt Rentals will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Sunbelt Rentals may change the information and materials on the Site from time to time at its discretion.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
Transmission of Information and Other Materials Via the Site
Sunbelt Rentals welcomes your comments and suggestions about the Site and Sunbelt Rentals’ products and services, but Sunbelt Rentals does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to Sunbelt Rentals via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”), will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Further, Sunbelt Rentals will own all Information you submit to it via the Site, and by submitting the Information to Sunbelt Rentals, you irrevocably assign to Sunbelt Rentals all worldwide rights, title and interest in and to that Information. Sunbelt Rentals will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. Sunbelt Rentals may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you.
The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to Sunbelt Rentals that you meet the foregoing age requirement. Sunbelt Rentals will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
Sunbelt Rentals owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent Sunbelt Rentals’ express written permission as to particular Content on the Site, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without Sunbelt Rentals’ prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
Sunbelt Rentals or its affiliates own or license all trademarks, service marks, and trade names on the Site, including “Sunbelt Rentals”, “1-800 No Sweat”, “All Your Equipment Needs…One Company”, “Empire Scaffold”, “Gear Box”, “Get It Done. Rent It Now.”, “JMR Industries”, “Just Rent It!”, “Mobile Cool”, “Pest-Heat”, “Precision Steel Works”, “Quiet Flow”, “Rentacool”, “Safe-Heat”, “Temporary Equipment, Lifetime Customers”, “The “No Sweat” Guarantee.”, and “TOPP” unless stated otherwise on the Site. You may not use these marks without Sunbelt Rentals’ prior express written permission.
Except as expressly provided above, Sunbelt Rentals is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of Sunbelt Rentals or any third party. You obtain no rights in the products, equipment, processes, or technology described on this Site by accessing or using the Site. Sunbelt Rentals and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on Sunbelt Rentals actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
Sunbelt Rentals, Inc.
2341 Deerfield Drive
Fort Mill, SC 29715
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: email@example.com.
You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with section of these Terms titled “Intellectual Property”; (d) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation; (e) to impersonate or attempt to impersonate Sunbelt Rentals, a Sunbelt Rentals employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Sunbelt Rentals or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site.
References to Other Companies/Links to Other Websites
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimers of Warranties
Sunbelt Rentals offers and displays products on this site as reasonable representations of the potential configuration, design, specification, and/or of its equipment and services. However, Sunbelt Rentals does not guarantee that the equipment and services representations are accurate or that each product will be available at every store location. Sunbelt Rentals sells and rents its equipment and/or services pursuant to specific purchase and rental agreements which set forth all terms and conditions of the specific sale or rental, including warranty terms and exclusions. Carefully read any such sale or rental agreement. Sunbelt Rentals disclaims and excludes any and all express and implied warranties for the equipment and/or services which are not set forth in the sale or rental agreement whether or not information on the equipment and/or services appears in this site.
Sunbelt Rentals disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. Sunbelt Rentals disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. Sunbelt Rentals does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. Sunbelt Rentals and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. SUNBELT RENTALS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL SUNBELT RENTALS, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM SUNBELT RENTALS, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Sunbelt Rentals, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms.
When you visit the Site or send e-mails to Sunbelt Rentals, you are communicating with Sunbelt Rentals electronically. You consent to receive communications from Sunbelt Rentals electronically. Sunbelt Rentals will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Sunbelt Rentals provides to you electronically satisfy any legal requirement that such communications be in writing.
If you set up an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sunbelt Rentals reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
These Terms will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in North Carolina state courts in Mecklenburg County, North Carolina or the United States District Court for the Western District of North Carolina. Sunbelt Rentals and you consent to the jurisdiction of those courts.
Limitation on Time to File Claims
Severability and Waiver
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. Sunbelt Rentals’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If you have any questions regarding the Site or these Terms, please contact us at:
2341 Deerfield Drive
Fort Mill, SC 29715
or email us at: firstname.lastname@example.org
Last updated: February 28, 2013