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RentalSite.com, EquipmentRental.com and SpecialEventSite.com (the "Websites") are online information, communication, advertising and sales services provided by RentalSite LLC ("RentalSite").
Agreement Between User and RentalSite
Your access and use of the Websites constitutes your agreement to all terms, conditions, and notices set forth below. You agree to examine this document carefully before accessing the Websites. This Agreement may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement. By your access and use of the Websites you agree to periodically review this Agreement and shall be bound by any such future modification.
Copyright, Trademark and Idea Submission
The Websites, including proprietary images, text, audio, data and all other components, are the property of RentalSite. Names, logos and trademarks appearing on the Site which are the property of RentalSite are protected by any and all applicable state, national and international agreements and may not be used for any reason without the express written authorization of RentalSite.
Names, logos and trademarks of suppliers, vendors and partners that appear on the Websites under an agreement with RentalSite, are the property of the owner of such name, logo and trademark. Further, these names, logos and trademarks are protected by any and all applicable state, national and international agreements and may not be used for any reason without the express written authorization of the respective supplier, vendor or partner.
Postings and/or email delivered to RentalSite are not considered confidential, and Rentalsite shall not be liable for any disclosure. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) sent to the Websites or to RentalSite by electronic mail are and shall remain the sole and exclusive property of RentalSite and may be used by RentalSite for any purpose, commercial or otherwise, without compensation.
Personal and Non-Commercial Use
These Websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these Websites.
As a condition of your use of these Websites, you warrant to RentalSite that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Links to Third Parties
The Websites may contain links to Web sites operated by parties other than RentalSite. Such links are provided for your convenience only. RentalSite does not control such Web sites, and is not responsible for their contents. RentalSite's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Liability Disclaimer
The information, software, products, and services included on the Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. RentalSite and/or its respective suppliers may make improvements and/or changes in the Websites at any time. Advice received via the Websites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Rentalsite cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Websites, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Websites for the reconstruction of lost data.
RENTALSITE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES OR ANY OTHER WEBSITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RENTALSITE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL RENTALSITE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RENTALSITE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULLNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
Access Restriction
RentalSite reserves the rights to deny, in its sole discretion, any user access to the Websites or any portion thereof without notice.
Policies of Operation
By way of example, and not as a limitation, you agree that when using the Websites, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. It is not RentalSite's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views or opinions; RentalSite does, however, reserve the right to take such action as it deems appropriate in instances where the Websites are used to disseminate statements which are deeply and widely offensive and/or harmful in nature.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communities.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Websites, you are granting RentalSite permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
General
This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, CA. in all disputes arising out of or relating to the use of the Websites. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and RentalSite with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RentalSite with respect to the Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
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