This Terms of Service Agreement (the "Agreement") is a legal agreement that governs your relationship with Watershed One, LLC (the "Company"), who owns and operates EquipRent.com, use of the EquipRent.com, (such sites being collectively referred to herein as the "Sites" and the services available on such Sites being referred to herein as the "Services"). If you do not agree to this Agreement, please do not use the Services. In addition to the terms and conditions in this Agreement, users may be asked to agree to additional terms when using different parts of our Sites. The terms and conditions of this Agreement, along with such additional terms and conditions, will be referred to as the "Terms". The Company reserves the right, at its discretion, to change, modify, add, or remove portions of any of the Terms at any time. Please check the Terms periodically for changes. Your use of the Service after such Terms are posted will mean that you accept such Terms. In this Agreement, we will refer to you and all of your affiliates, agents, employees, representatives and subcontractors as "you" and to the Company and its employees and agents as "we", "us", "Company" or "EquipRent.com." References herein to Sites include any and all Sites now, or hereafter, owned or operated by us.
These Terms were last updated on 12/1/2012.
1. INTRODUCTION. Upon your registration, you may choose your own log-in email and optional password or we will assign you a password to access our services through the Sites.
2. SERVICES. We are committed to making your total experience a positive one. Upon entering your information and the request for which you would like to rent equipment, we will provide you with a list of rental companies in your area, if any, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a rental company or that there are rental companies in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed rental companies, we make no guarantees or representations regarding the skills or representations of such rental company or the quality of the service that he or she may perform for you if you elect to retain their services. We do not endorse or recommend the services of any particular rental company. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a rental company, and we do not guarantee or warrant their performance or the outcome or quality of the services performed. The rental companies are not employees or agents of ours, nor are we an agent of the rental companies. We do not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with rental companies are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any rental company, you must address such dispute with the rental company directly, AND YOU HEREBY AGREE TO RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE COMPANY'S SERVICES) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH RENTAL COMPANIES.
3. RESOLUTION PROCESS. While we cannot guarantee the work performed by a listed rental company, and while we have no obligation to you with regard to your relationship with a rental company, our resolution process has been developed to try and assist you in resolving any problems that may arise in the course of rental service and which may be the fault of a rental company who you learned about through the Company Services. Although we have no such obligation, we may, upon your request, provide limited assistance in resolving disputes between you and a rental company. You must participate and use good faith efforts to resolve problems through the Company resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms.
4. INFORMATION YOU PROVIDE TO US. Upon using the Services, you will be prompted to disclose certain information about yourself and your service requirements on our Site. Some of this information will be sent to rental companies who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service quote request, you are requesting, and you expressly consent to being contacted by us and by our rental companies and providers via phone, email or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our Site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails if you agree to receive such emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Company and its partners and thus agree to be contacted by Company and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any current or future use of the Company Services (or any portion thereof) by you. You are responsible for any use of the Company services by persons to whom you intentionally or negligently allow access to your password.
5. YOUR USE OF OUR SERVICES. You agree that all of the content and information posted on the Sites is the sole and exclusive property of Company, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Company for any such damages, and will indemnify Company in the event of any third party claims against Company based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Sites and Services at any time. All information about rental companies is confidential and for your personal use only. If it is determined or suspected by Company in its sole discretion that you are misusing or attempting to misuse or circumvent the Company Services or system, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO COMPANY AND ITS RENTAL COMPANY PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO COMPANY AND EACH COMPANY SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF COMPANY AND EACH OF THE AFFECTED RENTAL COMPANIES AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
6. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Use of documents (such as press releases, datasheets, content, informational items and FAQs) on the site for any purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Sites or any other Company owned, operated, licensed or controlled site. Elements of the Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Sites may be copied or retransmitted unless expressly permitted by Company. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED IN CONNECTION WITH COMPANY SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/ OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM (S) DESCRIBED HEREIN AT ANY TIME.